Lawyers may not be “friends” or “connections” with lawyers who may appear before them, the Florida Judicial Ethics Advisory Committee confirms. 

The Advisory Committee opined back in 2009 that it was not permissible for a judge to approve a lawyer who may appear before the judge as a “friend” on a social networking site such as Facebook. Nearly three years later, another judge asked “but what about LinkedIn?” Specifically, the judge inquired:

Whether a judge may add lawyers who may appear before the judge as “connections” on the professional networking site, Linked In, or permit such lawyers to add the judge as their “connection” on that site?

ANSWER: No.

The Inquiring Judge argued that there should be a distinction between Facebook, “where family and other personal relationships are fostered,” and LinkedIn, which the judge said was “for the purpose of conducting professional networking.” The Inquiring Judge submitted that unlike Facebook, “a judge’s connection on LinkedIn with lawyers who may appear before the judge does not reasonably convey the impression to the public that a personal relationship of any kind necessarily exists between them.”

The committee disagreed, stating that Florida Judicial Canon 2B prohibits a judge from conveying or permitting others to convey the impression that they are in a special position t o influence the judge. The committee stated that, as it had found with Facebook in 2009, LinkedIn’s processes for selecting “connections,” and the fact that a judge’s list of connections are visible to others who the judge has approved, convey that impression and therefore violate Canon 2B.

The committee also observed that in California, a judge may accept a lawyer as a Facebook friend or LinkedIn connection if that lawyer “may” appear before the judge, but not if the lawyer actually has a case pending before the judge. The committee deemed that approach to be too difficult to administer, as it “contemplates a judge constantly approving, deleting, and reapproving lawyers as ‘friends’ or ‘connections’ as their cases are assigned to, and thereafter concluded or removed from, a judge.”

I receive this question frequently during presentations I deliver on ethics in social media and the law.  Typically, the inquiry comes from who attorneys who receive “invitations to connect” on LinkedIn from judges. I generally respond that judges would be prohibited from making these connections based on the prior advisory opinion deeming Facebook “friendships” a violation of Judicial Cannon 2B, although it was not directly expressed in the prior ruling. While these advisory opinions do not impose a responsibility on the attorney to refuse the connection, this decision confirms the proper course of action would be to ignore the invitation. The analysis above was originally published on Law.com. Law.com cited the Legal Profession blog in its original article.

The Social Media Guide for Lawyers v. 2.0 is hot off the presses. The Guide serves as a practical resource for how lawyers and law firms can use social media to practically, ethically, and responsibly promote their practice. I had the pleasure of co-authoring the Guide with the esteemed members of the 2010-11 Meritas Leadership Institute. 

The first edition of the Guide served as a “Social Media 101” for lawyers. It featured a “Best Practices Guide” on how law firms and individual lawyers can use social media to add value and generate business, provided step-by- step instructions for effectively using the “Big Three”—LinkedIn, Facebook, and Twitter—and included sample social media policies for law firms as they established parameters for social media use within their firms. We have incorporated the majority of that text within the second edition for those just diving into the social media pool.

Version 2.0 elevates lawyers and law firms to the second level of social media use: how to use social media to effectively promote their practice. It shows lawyers and law firms how to harness social media to their advantage by integrating “traditional” media with these new technologies to further expand visibility and exposure. As with the first edition, the goal is not to convince lawyers that social media is the only tool for business development, but rather to demonstrate how social media can serve as yet another tool in a lawyer’s marketing toolbox. Accordingly, version 2.0 of the Guide features:

• A list of Facebook’s new features, including Timeline and the new privacy settings,
• Step-by-step guides for creating and using LinkedIn Groups and Twitter Lists, and
• Tips for effectively using social media to share “traditional” marketing materials.

We hope lawyers and law firms find Version 2.0 of the Guide to be a helpful resource to navigate the sea of social media marketing. Many professionals outside the legal industry have also found the Guide applicable in their profession. We are always happy to receive feedback as we plan to update the Guide annually to address new innovations that can assist lawyers leverage their marketing on social media.

When Mark Zuckerburg sought funding from Boston venture capitalists to expand Facebook in 2004, the New England firms declined.  According to the Daily Business Review, they’ve been regretting their decision ever since.

Following their decision to ignore Facebook’s request to provide capital for the world’s most-popular social networking service, Boston venture capitalists sat idly by while Zuckerberg’s moved Facebook from his Harvard University dorm to Palo Alto, California.  Since that time, Boston has continued to lose its market share to Silicon Valley and New York in the past seven years.

“There was a little bit of shock that we missed it, as a community,” [Michael] Greeley, a board member of the National Venture Capital Association, said in an interview. Since then, Boston “really rallied around ‘how do you let these kids know that the state is open for business and a great place to start companies?’ Sort of a post-Facebook echo boom effect. Zuckerberg should never have left.”

In the wake of LinkedIn’s successful initial public offering, and in anticipation for Facebook going public in the foreseeable future, venture capitalists should keep their eyes peeled for the next new media opportunity before it leaves for more silicon-pastures.

Lack of time is one of the primary reasons attorneys avoid social media marketing.  Nearly every time I survey an audience during a presentation on social media and the law, an attorney will declare that they are “too busy” to spend time on social networking sites. To that I say: it’s a legitimate concern.

Attorneys struggle with time management all the time.  We are constantly buried under a myriad of deadlines, emails, and research assignments concerning the applicability of the rule against perpetuities.  How can an attorney add twitter to their to-do list when they are already bogged down their billable hour requirement, preparing for motion calendar, and if they are lucky, squeeze some time in for the family?

According to Social Media for Lawyers: The Next Frontier, the answer is that social media does not require much time once you have made the initial investment in setting up a profile.  First time users of social media may need to set aside a couple hours to familiarize themselves with the big three social media platforms: Facebook, Twitter, and LinkedIn, to determine which sites are best suited best for them.  After determining which site(s) best fit their needs, a newcomer to social media may only need an hour or two to create their own online profile.  More experienced Internet users can set up a profile within minutes.  This is because social media sites are designed to be user friendly and accessible to anyone.

After this initial investment, the amount of time one devotes to social media is entirely up to the individual attorney.  There is no one size fits all approach.  The amount of time an attorney should devote to social media is entirely dependent upon the individual attorney’s goals and ability to manage their time effectively.  Regardless of your specific goals, the following tips can provide you with an effective and efficient use of your time on social media sites:

1.  Limit Your Engagement to One or Two Sites: Each social media site offers something different: Facebook connects you with your friends, family, colleagues, and peers in an informal interactive environment; Twitter allows you to micro-blog in short messages called tweets to update your friends and potential clients on what’s new in your practice or specialized area of law; and LinkedIn is less social, more networking, and is commonly seen as a trusted networking site for business professionals. I recommend LinkedIn if you are new to online networking because it eliminates certain risks associated with social media (such as the ability for third parties to post content on your profile), but provides a valuable benefit because it is highly populated with business leaders in almost every field.  By selecting one site to start with, you can limit your time investment in social media to a level that makes you comfortable.

2. Calendar Blocks of Time: Just like setting aside time on your calendar for legal research or a conference call with a client, you can set aside time on your calendar to address social media at a time that is convenient for you. It can be as often as a few minutes a day, twenty minutes a week, or an hour a month.  Create an email folder that automatically collects notifications from social media sites (such as friend requests and invitations to connect), and use that time you set aside to determine which invitations to accept, what information you want to share about your personal or professional life, and with which people you chose to interact. By setting aside time on your calendar, you have control over your social media use and are networking on your schedule.

3. Network in the Palm of Your Hand: Recent advancements in mobile technology allow you to access any social media site in the palm of your hand.  Any phone or hand held device with access to the Internet enables you to access user friendly social media sites and applications free of charge. Facebook, Twitter, and LinkedIn applications for your smart phones connect you with peers on the go.  No time to log onto Facebook at the office? No problem.  Connect with your law school classmates on LinkedIn while in line at the grocery store. Tweet about a great result you achieved in court while waiting for the train. The possibilities are limitless. But whatever you do, just don’t tweet and drive.

Your time is important, and I hope that these tips will help you manage social media on your schedule.  Because once you manage to squeeze social media into your busy schedule, you will soon realize the benefits you can experience from just a few minutes of interaction each day.  And for those of you who say they are “too busy” to find a few minutes of time each day, let me help you by telling you exactly what you will hear during tomorrow morning’s newscast: someone one is being bailed out by the government, someone else is very upset about it, and politicians will disagree about who is the party at fault. There, I just saved you thirty minutes each morning. Now there is no reason not to start tweeting!

Attorneys have long recognized the value of networking.  Show me a lawyer who invests time in creating new relationships, gets involved in his or her community, and actively seeks out potential clients, and I’ll show you an attorney who will be spending more time on the golf course in five years than with their head buried in corpus juris secundum.  Yet, most lawyers are hesitant to engage in the recent explosion of social media and online networking because they do not believe the rewards outweigh the risks.

Trusted legal authorities such as Law.com recognize social media’s potential in the legal industry.  “Facebook, Twitter, LinkedIn, Martindale Hubbell Connected, and LegalOnRamp are just a few of the powerful social media technologies that can help your law firm or company develop and protect its brand and intellectual property; provide client service and deflect complaints; showcase and educate your professionals — and more.”  In the past, attorney networking traditionally occurred at bar association events, professional networking groups, and on the golf course.  Today, these traditional notions of networking are enhanced by an attorney’s ability to reach a broader audience through emerging social media technologies. Online networking sites provide attorneys with the ability to strengthen professional relationships through more frequent contact, connect with a wider range of potential referral sources, and afford attorneys the opportunity to educate the public and empower clients in their trusted area of law.

Notwithstanding these benefits, attorneys often cite a cornucopia of concerns for avoiding social media marketing. Some are afraid of committing ethical violations. Others find social media undignified for lawyers.  And most attorneys are simply too busy to “tweet.”  In the coming months, this blog will highlight the unique benefits of social media for attorneys and address common social media concerns in an attempt to alleviate misconceptions about attorney’s use of social media.

Thursday’s post will address one of the most common concerns: time management and the misconception that social media is too time consuming for a busy lawyer. Do you have a concern you would like addressed in this blog? Leave a comment. Better yet, tweet about it!

Social media is taking the business and legal community by storm.  As of September 2010, Internet users spend more time on Facebook than any other Internet website, including google.  Social media platforms such as Facebook, Twitter, and LinkedIn are prevalent in boardrooms across country, creating unique marketing opportunities by connecting attorneys with colleagues and potential clients from around the world. These interactive sites are also penetrating our courtrooms, providing nearly unrestricted access to online evidence, while presenting unique issues of first impression that require careful attention by the legal and business communities alike.

The Social Media Law & Order blog will survey the effect of social media on the law and provide insightful commentary on this rapidly changing landscape.  The blog will serve as a resource for attorneys on how social media affects their practice, and will offer practical advice on how attorneys can use social media to professionally develop their practice while abiding by the highest standards of professionalism and ethics.  It will also serve as a resource to the business community by providing insight on how social media is expanding business in today’s Internet driven marketplace.

The Social Media Law & Order blog is designed to become your trusted source for insight on social media’s effect on the law and provide order on how this revolutionary platform can be used effectively in the legal and business community.