Law Practice Technology

Ethical Issues

List of issues:

• Ethical complaint for not complying with applicable advertising restrictions on lawyers (Missouri Rule of Professional Conduct 4-7.2). Consider carefully, the disclosures required under (e) and (f) of the rule (in light of (g)) and also the requirement to preserve advertisements under (b).  Must include name and office of at least one lawyer or law firm responsible for content tha tis advertising. (ABA Model Rule 7.2(c))
• Be careful with video, some states, like Texas, require approval of videos in advance (Texas Rule 7.07).
• Ethical trouble for comments that are deemed unprofessional or otherwise improper.
• Inadvertent disclosure of client confidences, or waiver of an attorney-client privlege (including disclosing who the client is).
• Inadvertent creation of an attorney-client relationship
• Inadvertent misrepresentation, often the result of relying on an assistant who is focused on marketing but is unfamiliar with professional responsibility rules. (See Missouri Rule of Professional Conduct 4-7.1).
• A blog post that contradicts a legal or factual position you've taken elsewhere.
• Always formally decline representation of those who contact you seeking legal advice, but whom you choose not to represent.
• Listing yourself as a specialist in the specialties area of LinkedIn.  Use a disclaimer to indicate you are listing practice areas instead. (See LinkedIn in One Hours for Lawyers, 16).
• Be careful of practicing law in jurisdictions in which you are not authorized.  Use disclaimers.
• Beware of quid pro quo referral arrangements.
• Are "friend requests" solicitations?  Could be under certain circumstances under 4-7.3.  Could also have issues with frient request of person represented by another lawyer.

See Ernie Svenson, Blogging in One Hour For Lawyers 103-104 (ABA Law Practice Management Section 2012) (KF320.I57 S88 2012);  Dennis Kennedy and Allison C. Shields, Facebook in One Hour for Lawyers (ABA Law Practice Management Section 2012) (KF320-I.57 K46 2012)