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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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