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(Intermediate) Facebook For Lawyers & Law Firms

(Intermediate) Facebook For Lawyers & Law Firms. Christopher.Hopkins@Akerman.com cbhopkins@gmail.com Palm Beach County Bar Association Technology Committee. Schedule of Topics. Ethics of Researching / Marketing on Facebook Using Social Media during Voir Dire

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(Intermediate) Facebook For Lawyers & Law Firms

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  1. (Intermediate) FacebookFor Lawyers & Law Firms Christopher.Hopkins@Akerman.com cbhopkins@gmail.com Palm Beach County Bar Association Technology Committee

  2. Schedule of Topics Ethics of Researching / Marketing on Facebook Using Social Media during Voir Dire Security on Facebook (privilege protection) Law Firm Facebook Fan Page (Why? How?)

  3. Part I Ethics of Researching / Marketing on Facebook

  4. Ethics of Researching on FB Can a lawyer “friend”…. Prospective juror Witness Judge Judicial Candidate Judicial Assistant Opposing Party? Ask paralegal to “friend” any of the above?

  5. Friending Prospective Juror Rule 4-3.5(d) (1) before trial… “communicate or cause another to communicate … member of venire” (2) during trial… any member of jury (3) after trial… except to determine legal challenge to verdict or as authorized by court HINT: forget Internet is even involved. Use ethical judgment as if your contact was in person.

  6. Friending a Witness? Rule 4-4 Transactions w Persons Other Than Clients 4-4.1: Truthfulness in Statements to Others (false statement of material fact or law) 4-4.2: Person Represented by Counsel 4-4.3: Unrepresented Persons: can’t state or imply disinterested; reasonable effort to correct misunderstanding; no legal advice. And…

  7. Friending a Witness? 4-4.4 Respect Rights Third Persons: not use means w/o substantial purpose to embarrass, delay or burden or obtain evidence in way which violates person’s legal rights. HINT: Ignore Internet is involved and use judgment as if contacting in person except realize there is a “transcript” of your communication (could be good/bad)

  8. Friending a Judge JEAC 2009-20: Judges cannot add lawyers who may appear before them as “friends” or permit lawyers to add the judge as a friend. Judges can have fan pages Other states have varying rules. Ohio 2010-7 allowed with caution since “friend” not mean same in post-social media world. NOTE: this appears to be prohibition for judge, not lawyer, but don’t do it.

  9. Friending a Judicial Candidate? Apparently “yes” (although unconfirmed as of 6/23/11) Reportedly a candidate in Broward obtained a JEAC opinion holding that judicial candidates are free to accept friends who may subsequently appear in front of him if elected/appointed.

  10. Friending a Judicial Assistant? JEAC 2010-04 Yes, but be careful. Judge does not need to require JA to refrain from adding appearing-lawyers “so long as the activity is conducted entirely independent of the judge and without reference to the judge or judge’s office.” NOTE: use judgment as if there was no Internet and realize (a) there’s a “transcript” and (b) lawyer is leaving judgment in hands of other person.

  11. Friending Opposing Party? No (Rule 4-4.2, Rule 4-3). But a lawyer probably can access publicly available portions of opponent’s Facebook page, see New York Bar Opinion 843 (Sept. 10, 2010). Lawyer can not friend executives of opposing party's corporation represented by counsel since this is ex parte communication (San Diego Bar 2011-2) May 2011

  12. Ask Paralegal to Friend? Probably no. See Philadelphia Bar Opinion 2009-02 May be deceptive under Rule 4-8.4 (FL equivalent) Supervisory lawyer can’t ask third party to do what lawyer cannot (Rule 4-5.1 and 4-5.3)

  13. Part II Using Social Media during Voir Dire

  14. Using Social Media during Voir Dire As long as it is public, not deceptive, and not “contact,” a lawyer likely can access information. Compare to surveillance or other real-life non-contact. Carino v. Muenzen (NJ 2010): Non-disruptive use by one lawyer was not unfair to other party. “Playing field” was level since all sides can access wi-fi. Johnson v. McCullough (MI 2010): litigants have greater burden to bring juror misconduct to light due to Internet accessibility (no such burden in FL).

  15. Using Social Media during Voir Dire Resources: “Internet Social Networking Sites for Lawyers” @ InternetLawCommentary.com “Voir Dire in the Age of Google” @http://bit.ly/l7i1gG

  16. Using Social Media during Voir Dire

  17. Using Social Media during Voir Dire Google: [name] + [town or business/job] Google News: [name] Palm Beach Post / Sentinel Facebook / LinkedIn / Twitter YouTube, Photobucket, Shutterly, Flickr Employer’s website

  18. Using Social Media during Voir Dire Wink.com (catch-all) Zoominfo.com (business search) YoName.com Blogsearch.google.com PBSO booking blotter Comp claims www.jcc.state.fl.us

  19. Using Social Media during Voir Dire Political Contributions (county supervisor of elections) Consumer Complaints (county consumer affair site) Google Streetview Sunbiz.org

  20. “Bonus” idea Number Guru on web or Android / iPhone

  21. Part III Security on Facebook (privilege protection)

  22. Facebook Security “Facebook Security Settings” (June 2010) @InternetLawCommentary.com (Articles) PBCBA Tweet Meet & Eat @InternetLawCommentary.com (Materials)

  23. Facebook Security Account/Facebook Ads: Edit Third Party Ad Settings: “no one” Edit Social Ads Setting: “no one”

  24. Facebook Security If you tag someone, don’t open to their friends to see your photo (un-check this box)

  25. Facebook Security (A)

  26. Facebook Security

  27. Facebook Security (B)

  28. Facebook Security (B) Facial Recognition

  29. Facebook Security

  30. Facebook Security (C)

  31. Facebook Security

  32. Facebook Security (D)

  33. Part IV Law Firm Fan Page How? Why?

  34. Law Firm Fan Page

  35. Law Firm Fan Page 700 million potential clients are there. Go to them. Search engines find more of your pages. People who “like” you are advertising for you. Companies which post during off-hours claim 20% higher engagement rates. Don’t make a Profile, use Fan Page. Free.

  36. Law Firm Fan Page Facebook.com/pages/create.php

  37. Law Firm Fan Page

  38. Law Firm Fan Page

  39. Law Firm Fan Page Xxxxx Xxxx Add logo and pictures Link to firm website Get friends/firm members to “like” “Info” section reportedly gets search engine hits Keep updated Link to JDSupra documents Read Best Practice: Marketing on Facebook

  40. Law Firm Fan Page Xxxxx Xxxx DON’T VIOLATE current or pending advertising rules. DON’T allow it to go stale. DON’T be TOO serious on FB (may not be right place). DON’T forget to check settings and content.

  41. Law Firm Fan Page • Local Palm Beach County Firm Fan Pages Domnick & Shevin Gordon & Doner Gunster Chalik & Chalik Clark Skatoff Murray & Guari Lytel Reiter Burman Critton Boyles Law Firm Suskauer Law Firm Corey Leifer, PA Akerman Senterfitt Fetterman & Associates Wagar Law Firm Maynor Sachs Copple

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