How the use of social media affects attorneys

and their law firms

Arely Ramirez Diaz May 4, 2017

Calderon, V(2015). Dos and Donts for Lawyers on social media

What makes social media so appealing?

Today many small law firm owners can benefit from advertising through social media platforms like
Facebook. The use of social media in law firms can create growth in business, provide engagement, and
promote quick client service. Despite the advantages attorneys must keep in mind that the use of social
media can impact their jobs if they do not keep in mind the model rules and professional ethics.

Growth in business
It is no surprise that thriving attorneys use some sort of social media platform to reach to their prospective
clients. Block states, [T]hese tools have direct impact on consumer attitudes and decision making. Social
media, which has shown dramatic growth over the past few years, is especially important for small
businesses because it can be utilized to break through the clutter, and connect with customers (As cited
in Jones, Borgman, Ulusoy, 2015). Lawyers can create an impact in decision-making when former or
current clients provide a positive and detailed review on the law firms Facebook page. The feedback will
create a sense of trust by providing prospective clients assurance that they can confide in the law firm.

1
In 2015, the American Bar Association collected a report from 966 lawyers from the United States who
have adopted social media (Shields). Figure 1 illustrates law firm social media presence taken from the
report.

figure 1 Shields, A. (2015). Blogging and Social Media [Digital image]

The ABA states that the higher percentage of the LinkedIn usage tends to be from the larger firms
involved with professional clients. On the other hand, solos gravitate more toward Facebook because
more solos practice in consumer-oriented practice areas, and their audience is more likely to participate
on Facebook than on more corporate platforms like LinkedIn. (Shields, 2015). Law firm owners
should be mindful of their clients and involve themselves in the social media platform that will increase
their clientele. For law firms to successfully expand their business it is important for them to adapt to their
clients social media preference. If law firms are involved with corporate clients they should consider
joining professional social networking sites, such as LinkedIn. However, small firm owners who are
involved with the general public should consider sites, such as Facebook where the audience can engage
and promote their firm.

Engagement
With a high percentage of solo attorneys gearing towards Facebook due to participation of their clients,
attorneys should keep in mind that the engagement should be mutual. The clients should not be the only
ones to begin or continue the conversation. Mentkowski states, attorneys who were more personally
engaged and active with their social media tool reported being successful in growing their business with
social media (2016) with the updates that Facebook has provided its users it allows attorneys to create
events to increase their client involvement.

Furthermore, attorneys can interact with current clients and reach more audiences through the Facebook
live feature. Facebook describes its live broadcasting as, the best way to interact with viewers in real
time. Field their burning questions, hear what's on their mind and check out their Live Reactions to gauge
how your broadcast is going. (2016) the live feature enables its users to live-stream their activities. This
feature is perfect for attorneys to want to create seminars for their current and potential clients without
having to meet at a physical location. Figure 2 shows how Facebook live allows attorneys to broadcast in
real time and answer clients questions and feedback asked in the comment section. Features as such not
only provide with an increase of principle-agent relationships, but it also lowers the cost of
advertisement.

2
Figure 2 Facebook. (2016). Facebook Live.

Social Media and Court findings

Attorneys are now utilizing social media for case investigation. Figure 3 illustrates the American Bar
associations finding of reasons for social media use. Laura Diss states, [M]any individuals are unusually
honest on social media sites, and often post pictures and comments about illegal or provocative activities
that can be used to undermine their credibility in litigation. Parties may post information or pictures that
contradict their claims. (2013, p. 1844) The social media networks essentially can aid attorneys create
evidence for desirable outcome in litigation cases. Social media users have a tendency of being honest on
their postings, pictures and their whereabouts. In their CNN article about a recent trial of a Georgia
Couple who were sentenced to several years in prison due to their racists threats made at a childs
birthday party, Mayra Cuevas and Ralph Ellis state,
After the arrests, investigators looked through the defendants' Facebook accounts, the DA stated
"Law enforcement was able to locate numerous posts and messages indicating that members of
the group were white supremacists who discussed attending KKK rallies, joining Skinheads
Nation, and making numerous derogatory remarks about African Americans as a whole," (2014)

The users postings provide a perfect example on how social media has been used to influence a District
Attorneys jurisdiction.

Figure 3 Shields, A. (2015). Blogging and Social Media [Digital image]

3
Risks of using social media
Growing a business, engaging with clients, and using social media for court findings are positive effects
of social media interaction between attorneys and their clients, but lawyers must keep in mind that there
are Model Rules of Professional Conduct that they must abide by when finding and using information.
Brielyenne Neumann provided an example of Kristine Peshek, an assistant public defender who got fired
for posting information about her clients and judges on her legal blog saying,
Peshek referenced her clients by their first names or by their crimes and trials. Peshek wrote this
stupid kid is taking the rap for his drug-dealing dirt bag of a brother because hes no snitch My
client is in college. Just goes to show you that higher education does not Just goes to show you
that higher education does not imply that you have any sense. Peshek also criticized judges on
her blog, calling one an ahole and another judge clueless. (2014)

In addition to being fired, if attorneys misuses their social media networks they will cause a negative
impact on the those affected.

In Facebook is now friends with the court, Megan Uncel talks about how there could also be possible
breaches of professional ethics that attorneys could break in some courts by searching social media posts.
She speaks of the challenges of using social media as evidence if judge is from an older generation.
Additionally, Uncel states that there is legitimate risk that the witness will erase all the comments from
his [social media profile] upon receiving the request (2011, p.53) which can create obstacles for
attorneys and clients. Attorneys should keep in mind that social media cannot always be a reliable source
to obtain evidence and may be doubted by those from different generations.

Conclusion
The use of social media can help grow your business, provide client engagement, and make court
findings. Websites such as Facebook allow attorneys to advertise, connect with new clients through the
websites algorithm, and provide advertising without having to spend money. The newest features from
websites like Facebook also allow attorneys to connect with a larger audience, thus helping their business
grow. These websites can also create evidence that can be used during trials. Attorneys also must keep in
mind the risks of using social media to prevent any model rules or ethics to be broken.

4
Works Cited
Calderon, V. (2015, May 21). Dos and Donts for Lawyers on Social Media. Retrieved May 01, 2017,
from http://mavenagency.com/blog/2015/05/dos-and-donts-on-social-media/

Cuevas, M., & Ellis, R. (2017, February). Georgia couple sentenced for racist threats at child's
birthday party. Retrieved March 01, 2017, from http://www.cnn.com/2017/02/27/us/georgia-
couple-confederate-flags-threats/

Demers, J. (2016, April 26). Facebook Live: Everything You Need To Know. Retrieved
February 22, 2017, from http://www.forbes.com/sites/jaysondemers/2016/04/26/facebook-live-
everything-you-need-to-know/#1b6d98e47a82

Diss, L. E. (2013). whether you "like" it or not: the inclusion of social media evidence in sexual
harassment cases and how courts can effectively control it. Boston College.Law School.Boston
College Law Review, 54(4), 1841-1880. Retrieved from https://search-proquest-
com.liblink.uncw.edu/docview/1664537586?Accountid=14606

Facebook. (2016). Facebook Live. Retrieved February 21, 2017, from https://live.fb.com/about/

Jones, N., Borgman, R., & Ulusoy, E. (2015). Impact of social media on small businesses.
Journal of Small Business and Enterprise Development, 22(4), 611-632. Retrieved from
https://search-proquest-com.liblink.uncw.edu/docview/1732337162?Accountid=14606

Neumann, B. (2014). The 21st Century Online Carnival Atmosphere: Ethical Issues Raised by
Attorneys' Usage of Social Media. Georgetown Journal of Legal Ethics 27(3), 747-764.

Uncel, M. (2011). "Facebook is now friends with the court": current federal rules and social
media evidence. Jurimetrics,52(1), 43-69. Retrieved from
http://www.jstor.org.liblink.uncw.edu/stable/23239803

Shields, A. (2015). Blogging and Social Media [Digital image]. Retrieved March 1, 2017, from
http://www.americanbar.org/publications/techreport/2015/SocialMedia.html