1. DSD Law Site Solutions: (510) 250-2450 Social Networking and Ethical Issues Lawyers Confront August 12, 2010 noon Randy Wilson

2. Bio Page Randy Wilson: Attorney, legal marketer and co-founder of DSD Law Site Solutions – providing dynamic websites and other online marketing solutions for solos and small firms DSD Law Site Solutions: (510) 250-2450

3. Roadmap for presentation CA laws impacting social networking Social networking strategy Blogging: how & why LinkedIn/Twitter/Facebook Attorney specific social networking Advertising rules applied to social networking Specific ethics issues with various social networking platforms Best practices for social networking & ethics concerns DSD Law Site Solutions: (510) 250-2450

4. CA Rules re: Attorney Ads B & P 6157-58: California code regarding advertising:  6158: Electronic advertising (as a whole) can’t be misleading Understands that electronic advertising can suggest through graphics and audiovisual elements  Can’t guarantee of a winning outcome No sign or symbol suggesting lawyer can guarantee winning outcome CA Rules of Professional Conduct:  Broader coverage: deceptive, misleading, false or confusing  Testimonial restrictions & distinction between solicitation and communications (going away w/ new rules)  Real-time electronic communication banned under new rules

5. DSD Law Site Solutions: (510) 250-2450 How these rules impact attorneys re social networking ethics Recently Wisconsin attorney Richard Teuber in talking about this issue said that social networking doesn’t create an ethical dilemmas per se but creates new venues for such violations to occur  What are the areas that make this more likely Unlike websites, social networking sites allow easier and more frequent communications (though increasingly websites have social networking features) Allows a person to identify people they “claim” association with Very easy for anyone to read your social networking profile, blog from anywhere Social networking content can go viral very easily and attract attention for better or worse

6. DSD Law Site Solutions: (510) 250-2450 Why engage in social networking? Visibility to clients, prospects and colleagues Credibility: shows clients you take your practice seriously Differentiation: Allow you to stand out from the crowd

7. DSD Law Site Solutions: (510) 250-2450 Protecting your online reputation Increasing number of Yelp-like sites that impact lawyers Don’t want negative comments to outweigh positive Active blogging, use of profiles, dynamic website will help overcome any negatives Monitoring your name, firm to see what is being said about you; Google alerts, etc.

8. DSD Law Site Solutions: (510) 250-2450 Example of Avvo

9. DSD Law Site Solutions: (510) 250-2450 Unvarnished: anonymous review of business professionals

10. DSD Law Site Solutions: (510) 250-2450 How to engage in social networking Start with a strategy: what is the goal?  Richer communication with clients and prospective clients Follow-up with deciding your level of commitment  Is now the right time? Create your social networking operational plan Ethical concerns: who is your market?  should you be cautious reaching out to them through social networking?

11. DSD Law Site Solutions: (510) 250-2450 Getting started w/ blog No magic bullet Come up with concept or hook that will enhance your credibility, online presence, give value to potential clients. Where to blog:  Free sites (Wordpress, Blogspot)  Paid sites (Lexblog,Justia etc) Blogging: how tos:  Short headlines, utilize white space, create top ten lists

12. Blog Example

13. DSD Law Site Solutions: (510) 250-2450 Can allow comments to your blog

14. DSD Law Site Solutions: (510) 250-2450 Example of IGoogle blog page

15. DSD Law Site Solutions: (510) 250-2450 LinkedIn Example

16. DSD Law Site Solutions: (510) 250-2450 Twitter and Facebook: appropriate for attorneys? What is Twitter?  Described as a microblogging tool: limited to 140 characters but can link to longer articles  Two ways to use Twitter: “retweet” “as press release Facebook Fan pages for attorneys  Does recreational nature of Facebook make it appropriate for your practice?

17. DSD Law Site Solutions: (510) 250-2450 Twitter Example

18. DSD Law Site Solutions: (510) 250-2450 Attorney specific social networking sites Avvo (Yelp for lawyers)  Client reviews, automatically created, they sell premium listings Justia (provide you a blog platform – paid) Lexblog (provide you a blog platform – paid) E-circles: California State Bar networking site JD-Supra: legal publication platform Legal OnRamp: for in-house counsel and law firms Martindale – Connected: also for in-house counsel and law firms

19. Social networking & ethics Two sets of CA laws govern attorney advertising  B&P code and Code of Professional Responsibility Any concerns regarding attorney blogs? What can attorneys do and not do on LinkedIn, Facebook, Twitter etc? Should attorneys just wait for clarity before engaging? DSD Law Site Solutions: (510) 250-2450

20. Range of specifics social networking tools and the ethical issues they raise Blogs – Treated like websites according to recent ABA panel on legal ethics (include disclaimer language)  Comments issue: your blog can be read anywhere (My Australian example)  If a commenter ask you for answers to their specific legal situation and answer specifically this could be construed in some jurisdictions as unauthorized practice of law LinkedIn  issue of confidentiality (if you connect on LinkedIn with clients, should probably hide your contacts identities) downside – this means you don’t get the referral benefit of LinkedIn.  Testimonials on your behalf thru LinkedIn or elsewhere: may want to be safe and include a disclaimer that they don’t constitute a guarantee, warranty or prediction regarding your legal matter -Linkedin has a section called “specialties” that may not want include information about legal expertise unless certified by the California State Bar. Twitter – real time communication? New proposed rules might cover Twitter and similar quick response tools. Probably not…however… Facebook has chat function that probably would be covered.

21. DSD Law Site Solutions: (510) 250-2450 Example of real time chat on Facebook

22. DSD Law Site Solutions: (510) 250-2450 The Cautious Approach to Social Networking Always include a legal disclaimer on website, blogs, other websites like LinkedIn & Facebook and include legal disclaimer in the footers of all email communications.  Remember that attorney client confidentiality includes potential clients so that someone could share information about their case who ends up in conflict with an existing client (divorce situation)  State Bar formal opinion suggests using a “plain language” disclaimer as follows: “I understand and agree that Law Firm will have no duty to keep confidential the information I am now transmitting to Law Firm.” Make sure that all your content passes the false, misleading or deceptive smell test (& use common sense!) Restrict the ability for people to view your client contacts on Linkedin, Facebook, Twitter etc. AND disable comments on your blog

23. DSD Law Site Solutions: (510) 250-2450 Disclaimer Example

24. DSD Law Site Solutions: (510) 250-2450 Website Example