1. Cynthia Sharp
Presented by
• Professional CLE Speaker
• Attorney Business Coach

2. The Ethics of Law PRACTICE AND
LEGAL Marketing in a Social Media
Environment
Event Sponsor:
March 14, 2013
2

3. Preliminary Thoughts
•I decided to attend “Social Media” because:
•I would be really happy if we could cover the following:
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4. Wake Up To Social Media!
4

5. Attorneys Using Social Media
56%
43%
15%
Quadrupled in 2
years!
5

6. • 2 Billion internet users in the world
• 7 billion people in the world
• More than 1 billion Social Network users
2012 Simply Zesty; Online PR & Social Media
6

7. Facebook Friends
Cynthia Sharp
Bruce Steiner Ron Fatoullah
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8. Facebook Friends
Cynthia Sharp
Bruce Steiner Ron Fatoullah
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9. Facts About
•100% of Fortune 500 Companies Have Executives on
Linkedin
•200 Million Members
•Every Second - 2 New Member Joins
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10. 1.6 billion
search queries
300 million
tweets
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11. Social Media
Practical Applications
• Marketing
• Practice Area
• Develop Internal Social Media
Policy
• Compliance Procedures
• Criminal Defense
• Civil Litigation
• Litigation/Research Tool
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12. Social Media
•New Case Law
•Interesting Ethical Issues
12

13. Digital Immigrant or
Digital Native?
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14. Social Media as a
Marketing Tool
STRATEGY
BRAND
PROFILE
EXECUTION
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15. Information About Legal Services
• Protected Form of Commercial Speech
• Subject to Rules 4-7.1 - 7.5
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16. Information About Legal
Services
• 7.1 - Communication Concerning a Lawyer's Services
• 7.2 - Advertising
• 7.3 - Direct Contact with Prospective Clients
• 7.4 - Communication of Fields of Practice and
Specialization
• 7.5 - Firm Names and Letterheads
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17. 17

18. American Bar Association
Formal Opinion 10-457
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19. Free Commercial Speech or
Regulated Attorney Advertising
19

20. blawgsearch.justia.com
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21. 21

22. • Recommendations feature
• “Specialties” Field
• “Answers” Section
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23. Use Common Sense!
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24. 24

25. ICLEF @ICLEFFamily #Law Case Review re: child
support due on irregular bonus income. #legal
http://ow.ly/ilV4E https://twitter.com/ICLEFMarch
5, 2013
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26. www.lextweet.com
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27. Research Tool
Write down 3 ways that you
use the internet to research
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28. www.jdsupra.com
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29. Citation Forms Developed
Rittman, S. (Spring 2008). Don’t Use the “R” Word. Retrieved
on January 25, 2011 from www.mo-legal-ethics.org
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30. legalonramp.com
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31. Litigation Tool
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32. Mining Information
•Vetting Jurors
•Pretexting (“Friending”)
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33. Internet Research by
Jurors
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34. Discovery
•Warn clients not to discuss their case online
•Standard Applied: Reasonably calculated to lead to
discovery of admissible evidence
•Notice to produce
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35. Technical Revolution -
Ethical Evolution
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36. Confidentiality Notice
This electronic transmission and any attached documents or
other writings are confidential and are for the sole use of the
intended recipient(s) identified above. This message may
contain information that is privileged, confidential or
otherwise protected from disclosure under applicable law. If
the receiver of this information is not the intended recipient,
or the employee, or agent responsible for delivering the
information to the intended recipient, you are hereby notified
that any use, reading, dissemination, distribution, copying or
storage of this information is strictly prohibited. If you have
received this information in error, please notify the sender by
return email and delete the electronic transmission, including
all attachments from your system.
36

37. Ethical Evolution
•Terminology
•Competence
•Confidentiality
•Communication
•Duties to Prospective Clients
•Receipt of Erroneously Sent
Document
•Supervision of NonLawyer
Assistants
•Advertising
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38. Terminology
MRPC 1.0 Terminology
(o) Writing or Written
Comment 9 to MRPC 1.0
{Screening}
38

39. Competence
“To maintain the requisite knowledge and skill, a
lawyer should keep abreast of changes in the law
and its practice, including the benefits and risks
associated with relevant technology, engage in
continuing study and education and comply with
all continuing legal education requirements to
which the lawyer is subject.”
- Comment 6 to MRPC 1.1 (as amended)
39

40. Redaction Issues
Long gone are the days when the attorney duty of confidentiality imposed by Model Rule 1.6
was satisfied by maintaining a fireproof steel locked filing cabinet behind a secured office door.
The technological revolution has taken us beyond the world of desktop computers with a
dedicated server to the stratosphere of cloud computing and the genius of smartphones and
electronic tablets.The portability of our “second brain” results in additional ethical responsibilities
that must not be ignored. Lawyers’ obligations have radically changed in light of the methods by
which confidential client and personal information is now carried and stored.
40

41. Data Disaster
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42. Duty of Confidentiality
MRPC 1.6
42

43. Communication
“... A lawyer should promptly respond to or
acknowledge client communications.”
- Comment [4] of MRPC 1.4 (as
amended)
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44. Duties to Prospective Clients
“...[a] person becomes a prospective client by
consulting with a lawyer about a client-lawyer
relationship with respect to a matter”.
- Comment 2 to MRPC 1.18 (as
amended)
44

45. Does a Communication
Constitute a Consultation?
•Did the lawyer encourage or solicit inquiries about a
proposed representation?
•Did the person encounter any warnings or cautionary
statements that were intended to limit, condition, waive or
disclaim the lawyer’s obligations?
•Were those warnings or cautionary statements clear and
reasonably understandable?
•Did the lawyer act or communicate in a manner that was
contrary to the warnings or cautionary statements?
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46. Receipt of Erroneously
Sent Documents
Lawyer receiving electronically stored information that
he or she knows or reasonably should know was sent
inadvertently must promptly notify the sender of the
mistake (Model Rule 4.4(b))
Duty to notify extends to metadata. (Comment 2)
46

47. Recommended Metadata
Scrubbers
Metadata Assistant:
http://www.payneconsulting.com/products/metadataretail/
iScrub: http://esqinc.com/section/products/2/iscrub.html
Workshare Protect: http://www.workshare.com/products/wsprotect/
Metadact: http://www.litera.com/Products/Metadact%AE.aspx
47

48. Do You Secure PDF Files Before
You Transmit?
Suggested Office Policy:
“When there is no
legitimate reason to
transmit an editable
document, we will always
send SECURE PDFs.”
48

49. You Cannot
Delegate Ethical
Responsibilities
Model Rule 5.3 requires attorneys who outsource
work to non-attorneys to “make reasonable efforts
to ensure that the non-lawyers’ services are provided
in a manner that is compatible with the lawyer’s
professional obligations”.
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50. Attorney Advertising
Rules
Lawyers may pay Internet-based lead generators for
generating client leads, as long as the lead generator does
not “recommend” the lawyer. (MRPC 7.2, Comment 5)
Only a “target communication initiated by the lawyer”
directed to a “specific person” that “offers to provide”
legal services is a solicitation. Communications to the
general public, including Internet banners, are not
solicitations. (MRPC 7.3)
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51. Rule 1-3
“A lawyer shall act with reasonable diligence and
promptness in representing a client.”
Comment 2 - “A lawyer's work load must be
controlled so that each matter can be handled
competently.”
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52. www.evernote.com
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53. www.pomodorotechnique.com
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54. Law Firm
Social Media Policy
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55. Online or In Line
•Keep client confidences
•Avoid appearance of establishing client-attorney
relationship
•Be polite
•Don’t fight
•Don’t bad mouth law firm, colleagues or judges.
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56. Moving Forward
•Did you learn anything new today?
•Did you gain any insight into yourself or someone else?
•Do you plan to change any of your behaviors as a result
of today’s session?

57. Evaluations
57

59. Connect with Cindy
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The Sharper Lawyer

60. The Sharper Lawyer
now offers
a complimentary
half hour coaching session.
Email Cindy for more details!
cindy@thesharperlawyer.com

61. Thank You
The Sharper Lawyer
www.thesharperlawyer.com