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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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