The
internet has fundamentally changed the way we interact on a daily basis. Though
relatively new, social media has become a tool many businesses and individuals use
in their professional lives. Platforms, like Facebook and Twitter, vary but all
have a common purpose of facilitating interactions between users. The legal
community has struggled with how to address the ethical concerns associated with
the use of social media sometimes debating whether social media should be used
within its profession at all.[1]
Utah’s Ethics Advisory
Committee recently issued an unofficial
advisory opinion to provide judges with guidance in their use of Social
Media. The opinion provides some help to attorneys as well. Attorneys and judges should be cautious but they should not immediately shy away from using social media as part of their practice.While social media has been
associated with a younger generation, it has expanded to include people of all
ages and professions, including attorneys and judges[2].
The nature of how one may “use” social media varies extensively. Many individuals in the legal community, lawyers and judges alike, are not members of any social media platform. Others may have an account or membership on multiple websites. For those who do have social media accounts, the level of individual participation on social media can vary vastly. Use on social media can range from those who have an account per se but are inactive users rarely visit the social media website; while active users may visit and participate regularly online.[3] “Active observers” may regularly visit their social media account but never actually engaging others on it; rather they use it as a tool to monitor or keep updated on the activity of others.[4] Moreover, a social media account may also serve different purposes for different individuals. Some users may limit their interactions to close family and friends as a way to keep in touch, while others use social media as a networking and business development tool to meet new people and potential clients.
The nature of how one may “use” social media varies extensively. Many individuals in the legal community, lawyers and judges alike, are not members of any social media platform. Others may have an account or membership on multiple websites. For those who do have social media accounts, the level of individual participation on social media can vary vastly. Use on social media can range from those who have an account per se but are inactive users rarely visit the social media website; while active users may visit and participate regularly online.[3] “Active observers” may regularly visit their social media account but never actually engaging others on it; rather they use it as a tool to monitor or keep updated on the activity of others.[4] Moreover, a social media account may also serve different purposes for different individuals. Some users may limit their interactions to close family and friends as a way to keep in touch, while others use social media as a networking and business development tool to meet new people and potential clients.
There
is nothing inherently inappropriate about social media use, but how you use it. Attorneys
conduct is no more acceptable if it takes place online, it is just another form
of technology. Social media use is not for everyone, but
a basic understanding will allow you to
know why it is or is not useful for your practice. It’s important to
identify your goals and understand the fundamental aspects social media; only
after learning the tool, can it become useful.
[1]
Steven Seidenberg, Seduced, A.B.A. J., Feb 1, 2011, at 48 available at http://www.abajournal.com/magazine/article/seduced_for_lawyers_the_appeal_of_social_media_is_obvious_dangerous/.
[3]
See generally, Mary Madden, Older Adults and Social Media, Pew
Internet & American Life Project (2010) available at
http://pewinternet.org/Reports/2010/Older-Adults-and-Social-Media.aspx.
[4]
See e.g. Stephanie Francis Ward,
Justice Breyer’s on Twitter & Facebook, But Don’t Count on Him Friending
You, A.B.A. J. (Apr 14, 2011) available at http://www.abajournal.com/news/article/breyer_on_facebook_but_dont_count_on_him_friending_you/ (explaining that he has an account of
Facebook and Twitter); James Vicini, U.S.
Supreme Court Justice Breyer on Twitter, Reuters
(April 14, 2011) available at http://blogs.reuters.com/talesfromthetrail/2011/04/14/u-s-supreme-court-justice-breyer-on-twitter/
(explaining that he has a twitter account but he does not actively engage with
the public on it and uses it as an “active observer).
