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Continuing Legal Education at the Bar Association of San Francisco: CommitteesSocial Networking and Professional Responsibility - Attorneys Posting Online are Bound by Ethical Rules
By Jason Horst, Crowell & Moring
“We need to recognize the immortality of this informal communication.” Mitchell Dembin’s ominous admonition nicely summed up the panel discussion regarding the ethical dilemmas posed by the spread of online social networking by legal professionals. The panel, “Social Networking and Professional Responsibility: Can They Co-Exist?” was part of this year’s annual symposium hosted by the State Bar’s Committee on Professional Responsibility and Legal Ethics (COPRAC). Dembin, an Assistant U.S. Attorney who coordinates the Computer Hacking and Intellectual Property crimes department in San Diego, made clear that social networking sites like LinkedIn and Facebook can have a dramatic impact on attorneys and their practices, even if the attorneys do not use the sites. People are out there commenting on others’ personal and professional lives, and without paying close attention, attorneys can allow adverse information about them to spread freely and without any necessary corrections. Another panelist, Antone Johnson, who recently founded the Bottom Line Law Group after serving in-house at eHarmony, identified LinkedIn as the social networking site most popular among professionals, but said that it is just the tip of the iceberg as more and more sites pop up. Johnson discussed one popular new site, Avvo, on which people seek answers to legal questions from any willing attorneys who visit the site. Johnson thinks that Avvo is a good source for free legal information and an effective marketing tool, but warns that lawyers must take care not to provide legal advice to anyone who has not engaged them. Continuing on the theme of caution in online networking, COPRAC member and San Diego County Deputy District Attorney Wendy Patrick reminded the audience that attorneys posting content online are bound by ethical rules that most are not. Dwelling in cyberspace, she explained, does not exempt lawyers from limitations on legal advertising and the unauthorized practice of law, so exercising care is crucial. In a stark example of just how thoughtful one must be to take advantage of online social networking sites within the bounds of the Rules of Professional Responsibility, Johnson bashfully acknowledged that in light of Patrick’s commentary, he needed to go online and check a few things to ensure that he himself was in compliance. Jason M. Horst is an associate in the San Francisco office of Crowell & Moring and a member of BASF’s Ethics Committee. His practice includes appeals, complex commercial litigation, and representation of attorneys and law firms. This article appeared in the July 2010 issue of the BASF Bulletin. General Information?If you seek general information about a section or committee, email Barbara Fanning (BASF CLE Director) at bfanning@sfbar.org. Or call Barbara at (415) 982-1600. |
