The MSBA has a presence on the three most popular social media services and also established a site limited to members of the Minnesota legal profession:

Follow the MSBA on Twitter. (updated less frequently in January while Greg is in Italy.)

Join the MSBA group on Linkedin. Network, discuss, and connect with other Minnesota attorneys. We’re up to 661 members as of this posting.

Become a MSBA fan on Facebook. Stay up-to-date with events and news.

Sign up for mypractice. Mypractice is similar to other social and professional networking sites, but focuses solely on the Minnesota legal profession. Membership is limited to Minnesota law students, Minnesota attorneys, and members of the MSBA. Take a tour.

But as with almost everything a lawyer touches, social media use brings up plenty of gray areas. Avoid social media at your peril, but use it at your peril. What’s a lawyer to do? Here at practicelaw, we think social media represents one of the ways changes in technology have influenced how we can and do interact. Even if you think Twitter, Facebook, and LinkedIn are just fads, it’s hard to deny that the underlying shift in how we communicate is here to stay. The ethical implications of social media use is an important topic to ponder.  There is no shortage of discussion about the tension between ethics and social media. No doubt the early advisory opinions and lawsuits are just a hint of what’s to come.

As local attorney Eric Cooperstein pointed out, Facebook ethics is not really about Facebook. Ultimately, a lawyer is responsible for his or her conduct, and the medium is not to blame. My two cents? Be aware of your privacy settings, but assume everyone can see what you post, use common sense, follow the golden rule, and read up on some of the ethical issues.

Common areas of concern are lawyer-judge, lawyer-witness, and lawyer-client connections, as well as other discovery and confidentiality issues. Not to mention your rights as a user. We hope to take a more in-depth look at this in the future, but for now, here is a roundup of relevant articles:

Judges

Georgia Judge Resigns After Questions Raised About Facebook Contacts
Judge Reprimanded for Discussing Case on Facebook
Judge Reprimanded for Friending Lawyer and Googling Litigant
Can a Judge have Facebook Friends? It Depends on What State They Work In
Florida Ethics Panel Urges Judges to Unfriend Lawyers from Their Facebook Pages
A Judge is a Web 2.0 Professional Island
Florida Supreme Court – Judicial Ethics Advisory Committee – Opinion No. 2009-20
For Judges on Facebook, Friendship Has Limits

Connecting with Clients and Opposing Counsel

Why Can’t We Be Friends?
Be Careful Who Your Friends Are

Advertising

South Carolina Bar – Ethics Advisory Opinion 09-10
Want to Update your Avvo Listing? If So, Start Policing Client Comments, Opinion Says

Investigating Witnesses

When Lawyers Spy Through Facebook
Philadelphia Bar Association Professional Guidance Committe – Opinion 2009-02

Jurors

Juries and Technology: When 12 Angry Men (and Women) Meet the Internet
New Questions for Voir Dire: Do You Tweet?
Juror’s Wikipedia Research, Friending at Issue in Two Md. Cases

Disclaimers

Twittering Lawyers Space Out on Disclaimers

Maintaining Integrity of the Profession

A Legal Battle for Lawyers – Online Attitude v. Rules of the Bar

Social Media Policies, Employment

Legal Implications of Social Networking Technology
Social Media and Social Networking Policies and Procedures
LinkedIn Reviews Can Come Back to Haunt Employers, Lawyers Say

Privacy, Free Speech, Liability

Didn’t You Know? Facebook is Forever
Client Trashes Her Celebrity Lawyer on Twitter
Shuold There Be an Expectation of Permanent Anonymity Online?
Tenant Sued After Using Twitter to Complain about Moldy Apartment
Professional Facebook Privacy in Under 10 Minutes
Banking Tweet Puts Man on Hot Seat, Facing Potential Criminal Charge

Posted by Andrea Hable