Linkedout and MisTweeted: Ethical Uses of Social Networking in Marketing Your Law Practice
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1 Linkedout and MisTweeted: Ethical Uses of Social Networking in Marketing Your Law Practice Micah U. Buchdahl, Esq. HTMLawyers, Inc. PBI Real Estate Institute December
2 SNS Statistics SN accounts for 28% of all time spent on the internet in the U.S (1.72 hours/day). FB is 3 rd most trafficked web site in the world, behind only Google and YouTube. 900m unique monthly visitors. FB users getting older 28% of all web traffic on mobile devices. Maximum Exposure 2
3 FB Post Delays Civil Trial 3
4 Disbarred in LA for SM Viral Campaign Advertising Ethics Issues Advertising Restrictions Attorney/Client Relationship Competence Confidentiality Conflicts Unauthorized Practice of Law Multi-State Jurisdiction Solicitation Fee-Sharing 4
5 SM Queries Is a Facebook post an ad? Is a paid Facebook post an ad? Can I answer a legal question? Is live interaction allowed? Is a like a referral? Can I friend a GC that I don t know? Personal versus Business Is your content kosher? Commercial speech Deceptive or misleading Specialization/Expertise Objectively verifiable Bona fide rating Endorsements and Recommendations Content under your control? PA Marketing/Advertising Rules 7.1 Communications 7.2 Advertising 7.3 Direct Contact with Prospective Clients 7.4 Fields of Practice and Specialization 7.5 Firm Names and Letterheads 7.6 Advertising a Certification 7.7 Lawyer Referral Service Integrity of the Profession 5
6 Statements that cannot be substantiated or verified. that promise results. regarding past successes. create false expectations or imply results imply improper influence Prohibition against misleading information. Characterizing the quality of legal services. NC Lawyer Web Site Missteps Jacksonville s best auto injury attorney. Jacksonville, NC s personal injury specialist. specializes in traffic ticket matters. Get the settlement you deserve. 6
7 Just who are your friends? Friends & Family Alumni Lawyers Friends, Colleagues, Co-Workers-Past & Present Referral Sources Clients Similar Interests Practice or Industry Driven Individuals and Groups Create Separate Lists 7
8 Fading on Facebook People have more friends (338 average) People are following more brands. (40+) Facebookers are reading more news. People are seeing paid ads. Ad Age March
9 FB Advertising Targeting Geo, Age, Interests, Sex, Education level Going viral Boosting your posts Buying likes 9
10 LI Meets with Florida Bar Changed specialties to skills & expertise Working on changes to endorsements Banner ads on SMS are ads-filing required Watch invites to third parties Can restrict access to followers. Abbreviate for geo on Twitter. New York 1.1 Requisite knowledge and skill SM Ethics Guidelines published 3/14; updated June 2015 Pre-LinkedIn Changes Opinion Law firms can t specialize; lawyers can (under 7.4c) Follow Attorney Advertising when advertising. Can t skirt solicitation regulations. 10
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13 LI Settings Turning on/off activity broadcasts Select who can see your activity feed What people see when you ve viewed their profile Who can see your connections? Change your profile photo and visibility Block members for added privacy. Twitter 13
14 NYSBA Opinion 1052 (3/15) Can I pay you to review me? Credit is not contingent on the content of the rating; Client is not coerced or compelled to rate the lawyer; and Ratings and reviews are done by the client and not by the lawyer. R+R+R Proliferation Ratings Rankings Reviews 14
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16 Outline of Rules Rule 7.1 prohibits false and misleading communications Rule 7.2 time, place, manner restrictions on lawyer advertising Rule 7.3 further limits in person and targeted solicitations Rule 7.4 restricts advertising fields of practice and specialties Sticky States Iowa Nevada Texas Kentucky Florida Mississippi Connecticut Indiana New York New Jersey Louisiana PA-Specific Record retention (two years) Geographic location (city or town) No endorsements by celebrities or public figures. 16
17 NJ Guideline 3 Dwyer v Cappell the upper echelon of employment lawyers in the state Judge Douglas Hurd a spectacular result when the file was in the hands of Mr. Dwyer. Judge William Wertheimer 17
18 California Focused on concerning the availability for professional employment. Case finally over. Unanimous victory! Celebrating tonight. Another great victory in court today! My client is delighted. Who wants to be next? 18
19 Won a million dollar verdict. Tell your friends to check out my website. Won another personal injury case. Call me for a free consultation. Just published an article on wage and hour breaks. Let me know if you would like a copy. 19
20 "You and the 3 other folks who read this blog will agree I shouldn't be a judge." U.S. District Court Judge Stephen Rogers Bough Managing Your Online Portfolio Where should I be? What should I do? How do you control this stuff? 20
21 SM Policies Privacy Please 21
22 Watch out for Testimonials/References/Referrals Use of Expertise or Specialization Giving legal advice or solicitation Stay aware of jurisdictional issues Advertising Considerations Record Retention Policies Oversight Responsibilities Specialization/Expertise Referrals vs. Reasonable Cost of Advertising Disclaimer Specifics Testimonials Ad Filing Requirements Pre-Approval? SNS Goals Part One 1. Increase internet exposure. 2. Attract new clients. 3. Further develop your professional network. 4. Use as a business development/market research tool. 5. Have fun doing it. 22
23 SNS Goals Part Two 1. Don t embarrass yourself. 2. Don t embarrass the firm. 3. Don t violate the RPC. 4. Don t violate firm policy. 5. Don t let these don ts scare you. 23
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SPECIAL REPORT ON ATTORNEY WEBSITES: WATCH FOR THESE TOP 10 RED FLAGS BEFORE HIRING A PERSONAL INJURY LAWYER VUJASINOVIC & BECKCOM, P.L.L.C. 1001 Texas Ave., Suite 1020 Houston, Texas 77002 (713) 224-7800