Does Tweeting Beat Meeting? - The Ethics of Social Networking 2012 CMCP Panel March 8, 2012 Foley & Lardner LLP San Francisco

Panelists Jolen Anderson – Senior Employment Counsel, Visa, Inc. Joshua Briones – Partner, DLA Piper USA LLP Sophie Civosky – Senior Client Manager, Infinite Public Relations, LLP Shirish Gupta – Mediator, and founder of Flashpoint Mediation Michelle Sherman – Of Counsel, Slater Hersey & Lieberman LLP Patrick Wong – Senior Counsel, Foley & Lardner LLP (Moderator)

Ethical considerations involved in a lawyer's use of social networking in both professional and personal capacities – the Dos & Donts, the Pros & Cons Use of Blawgs and other forms of social networking for marketing Investigating potential witnesses and jurors through social networking sites Lawyers' use of pseudonyms and alternative identities on social networking sites Potential waivers of attorney-client privilege and/or work product doctrine Inadvertent creation of attorney-client relationship Conduct that may be considered unauthorized practice of law, or improper solicitation and/or advertising

Are You a Citizen of Twitterverse? How many use social media (Facebook, Google+, Twitter, LinkedIn, MySpace, others)? Do you have separate accounts for work and personal purposes? 2011 ABA Techshow – no one exchanged business cards, but traded Twitter handles. Does your company or firm profile include links to your social media account? Does your business card include social media accounts or QR codes?

Marketing by Using Social Media = Is this a Case of If You Cant Beat Them, Join Them? Who is your audience? How do you differentiate yourself? Audience reaction? Selecting content for marketing purpose? Do you like your outside counsel using it, and/or do you care? Does the effort match the result? Success stories?

Dont Poke Jurors and Potential Witnesses You may follow a juror, but dont poke them. Dont friend people involved in litigation who may be witnesses. What about if they are already your friend or follower? Do attorneys now have additional duties regarding jurors social media activities? Jury instructions on social media now a must?

Social Media and TMI Rule against discussing client matters in an elevator full of strangers Situations where attorney-client relationship is inadvertently created Should firms and companies have specific social media policies? Should states create their own rules and policies?

Lawyers Without Borders Social media without borders – are you practicing law where you are not licensed? Are you setting up virtual offices? State bars have different rules on this. Attorneys use of legal ghost bloggers for their firm websites?

Preventative Measures and Damage Control Where do you draw the line? Does your firm, company, organization, or department have a rule? How do you prevent pitfalls? Damage control strategies when the worst has happened Threats of cyber hacking and attorneys duty to preserve client confidentiality Who owns the social media account of an attorney employee?

Q & A