Articles Tagged with “Social Media”

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If you arthird_circuite a Judge or attorney fascinated (or at least feeling like you need to know this stuff) by the world of social media, consider attending the 2017 Third Circuit Judicial Conference on April 19, 2017 at the Lancaster Marriott at Penn Square in Lancaster, Pennsylvania.

I will be participating in “Twitter in the Court:  Social Media Issues for Judges, Lawyers” from 4 pm to 5:30 pm along with fellow panelists Cynthia L. Dahl, Director of Detkin Intellectual Property and        Technology Legal Clinic and a Practice Associate Professor, University of Pennsylvania Law School; and  Kathryn E. Deal, Partner, Drinker Biddle & Reath LLP. Our program is moderated by the Honorable Lawrence F. Stengel, United States District Judge, Eastern District of Pennsylvania.

The panel will cover a wide range of topics in the vast realm of social media, from a brief history and introduction to the major social media channels (Facebook, Twitter, LinkedIn, Snapchat) to the boatload of ethical issues that arise and the many ways social media has impacted matters in the courtroom.

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PBI.pngIt is hard to believe that I’ve been teaching the “advertising/marketing” ethics hour for the Pennsylvania Bar Institute for more than a decade now. But what makes it particularly interesting is that my space (pun intended, if you get it) keeps changing with such rapid fire imprecision that it really never gets old. This year I return to the theme of social networking ethics. I could say I’m repeating my program from 2010, but very little is the same. I looked back into my PowerPoint slides to find my first discussion of advertising and social media taking place in 2003. This makes me sound and feel ancient.

As usual, I will be presenting this PBI program live in Pittsburgh and Philadelphia in April, August and December of 2014. My April programs take place on the 24th in Pittsburgh and 29th in Philadelphia–from 11:30 am-12:30 pm. For more information and registration, visit PBI.

Course Description:

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publicity.jpgIn this month’s Web Marketing Today column, Pros and Cons of Online Publicity for Lawyers, I write about the issues that struck me coming out of Perez v. Factory Direct of Secaucus, LLC. There is a significant difference in determining the impact of media attention on a case in the “traditional media” days versus the “blog/social media” era. That is the lesson defendants’ counsel for Ashley Furniture learned when filing suit against the plaintiffs’ law firm for defamation–stemming from online publicity.

My article breaks down the impact and pros/cons that all parties involved–plaintiff, defendant, and counsel for both sides–in measuring how the World Wide Web might affect not only the outcome of a case, but the long-term consequences that can be far more detrimental than whether you won, lost or settled.

As I note, I would never have heard about what I’d suggest is a relatively common “employee lawsuit against an employer for wrongful termination”-type filing if not for the third party action taken by one law firm against the other for what amounts to unwanted publicity on the case.

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specialties.jpgIf you’ve attended any of my Internet marketing ethics CLEs since I started teaching them in the late 90s, you know I said this was coming. Remember when my prime example of social media was a MySpace profile? Yeah, things have changed a bit. But concern about the content in unforeseen online content has always been something I examine in writing and reviewing law firm marketing efforts.

On June 26, 2013, the New York State Bar Association Committee on Professional Ethics issued Opinion 972, which in a nutshell says that “a Law firm may not list its services under heading of “Specialties” on a social media site, and lawyer may not do so unless certified as a specialist by an appropriate organization or governmental authority.” The opinion cites adherence to RPC rule 7.4.

In most cases and most states, I’ve discouraged attorneys from utilizing the “specialties” category for some time. In some cases, I suggest doing so with an added disclaimer pointing to the RPC. However, this is the first ethics opinion I’m aware of that really addresses the particular issue head on.

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Facebook.jpgAs part of my monthly contributions to Web Marketing Today, I’m slowly working my way through the major social media sites. I started with LinkedIn, which has the most relevance to the most attorneys. In future months, I’ll tackle Twitter. But this month, I address what is arguably the most powerful website on the planet–Facebook. Search Engines aside (i.e. Google), there is simply no website with more users and higher traffic. And, let’s be honest, how can you do serious internet marketing and not be on the biggest site?

So, is Facebook right for you and your law practice? READ ON…

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LinkedIn.jpgFor lawyers, there is so much more to LinkedIn than creating a profile, getting some connections and joining a few groups. The real value of participation is from the other products and services they offer. In this month’s Web Marketing Today column, I try to address some of the components that go “beyond the basics.”

Personally, I probably don’t use LinkedIn the same way as many other marketing professionals or attorneys. I find the tool extremely valuable–but more as a super-powered directory of contacts for lead generation, competitive intelligence and a better source of data about people and companies. I find it very useful when following up with someone, learning more about a business card picked up at a networking function or refining a list of prospective clients. Others, however, spend hours on end building a network and doing a slightly more sophisticated method of cold calling.

As noted in the column, there is no disputing the power of LinkedIn. It is the second search result when looking myself up on Google–behind only my own website. With 200 million-plus users, there is a pretty good chance that the professional I’m looking for is in the network. He or she may have a skeletal profile and three contacts–but they are there nonetheless.

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newyorktimes.jpgRecent rulings and advisories by the National Labor Relations Board regarding social media policies in the workplace impact law firms in a variety of ways. Today’s New York Times article by Steven Greenhouse reviews how the NLRB is basically telling employers to scale back limitations as it relates to many social media policies that might be seen as illegal blanket restrictions.

Can you really stop Facebook and Twitter from happening in today’s workplace? Nope.

The NLRB says workers have a right to discuss work conditions freely and without fear of retribution, whether you are in the employee cafeteria or on Facebook. Although Facebook might have better food options (I said that. It is not in the article).