How to use social media effectively, and advise your clients about it, too

The advent of social media and rise of “citizen journalism” through blogging, LinkedIn and Facebook communications is putting most business lawyers and litigators into what amounts to what we once all dubbed media lawyers. In response we are creating a presentation, that includes a tutorial in how to use social media, so lawyers unfamiliar with various social media networks can understand the basics of using them so they can advise their clients.

This presentation will cover IP infringement—copyright, marks that are both registered and not, defamation, privacy, and unfair business practices. It will also go over the ethics issues and state bar opinions that are quickly emerging.

Today we learned the Nevada Supreme Court has sanctioned an out-of-state attorney for misconduct in Nevada by, among other things, prohibiting the attorney from practicing law in Nevada and from appearing in Nevada courts, ordering the attorney to pay a fine of $3,000, and directing the state bar to serve a copy of the court opinion upon the other state bars where the attorney was licensed. In re Discipline of Droz, 160 P.3d 881, 885 (Nev. 2007). The action grew out of social media dubbed advertising under the Nevada rules.  We are also aware of case in which a lawyer has been reprimanded and fined for Internet conduct.

Obtaining clients in other states using the Internet is another issue we will address in this new training program which we expect to roll out soon.  It will also include key points your client’s social media policy should include.  Let us know if you’d like to have present this in-house or at a firm retreat.