Social media and attorneys

March 5, 2012
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Social media can be great for advertising, but can be tricky for attorneys to navigate. In fact, the Indiana State Bar Association’s Legal Ethics Committee cautions attorneys against using certain social media.

The Legal Ethics Committee has just released an opinion finding it likely inappropriate for an attorney licensed in Indiana to advertise through a group coupon program, like Groupon.

The state bar suggests that attorneys conduct “rigorous research” before entering into such an advertising arrangement and employ private counsel to guide the attorney through the “dangers inherent” in such marketing.

The opinion comes shortly after the U.S. Chamber of Commerce found that some law firms are using social media and the web to market their product without being up front with the public.

The Institute for Legal Reform, founded by the Chamber of Commerce in the late 1990s, has released the report “The Plaintiffs’ Bar Goes Digital: An Analysis of the Digital Marketing Efforts of Plaintiffs’ Attorneys & Litigation Firms.” The report says that plaintiffs’ firms are spending a lot of money to create and maintain websites, Facebook pages, blogs, YouTube channels, and Twitter handles – often without clearly disclosing that the information is being provided by a law firm.

The report gave the example of searching online the term “cruise ship assault.” The top three results showed two clear law firm websites (a blog and website maintained by the same firm), and one that appeared to be a website devoted to people who have been victims of sex crimes on cruise ships. But that page is also affiliated with the same law firm as the first two results displayed, but one would have to dig a little further to discover that.

Excerpts from the report:

“When combined with the growing popularity of social media, the industry may be on the cusp of a new era of expansion. Social media offers new opportunities and innovative trial attorneys are taking advantage of the new tactics with varying levels of transparency, including marketing efforts disguised as non-legal websites. Additionally, some firms have been criticized by the Wikipedia community for attempting to incorporate content from law firm sponsored websites.”

“Whereas law firms have traditionally had to wait some time before developing a marketing strategy based on new developments or newly passed legislation, social media has allowed even the smallest law firms to seek an immediate competitive edge. Such a practice could reorganize keywords, switch regional markets, and change the target audience, pointing to a new blog post offering information and insights that clarify opportunities for potential clients. And it could all be done in a matter of minutes.”

“Most importantly, regardless of platform or innovation, more users will embrace social media, sharing their personal information, interacting with total strangers, and expressing interests in areas relevant to trial attorneys. The universe of potential plaintiffs will continue to expand, as will the financial resources that trial attorneys dedicate to online recruitment efforts.”

You can read the report online on the ILR’s website.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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