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. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

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