In recent issues of Lawyers Alert, we have encouraged lawyers to make use of online media like blogs, social media networks and wikis (etc.) in order to maximize and focus their law firm exposure. This is good advice in today's electronic business world. But along with that increased exposure come parallel risks and liabilities. Such activities have the potential to attract libel, slander, copyright and confidentiality liability, as well as other risks associate with posting incorrect and/or fraudulent information. However, these risks can be managed and minimized with proper guidance and understanding of the appropriate role for these media in the law firm structure. In that regard, consider this excerpt from our friends at Jaffe Associates on the importance of developing a clear firm policy on the use of social media. For the full discussion and to access the full sample policy, visit http://www.jaffeassociates.com/pages/articles/view.php?article_id=349
Last fall, Jaffe published a social media policy to share with the legal community. If you haven't adapted one at your firm, we urge you to reconsider.
Even if your law firm hasn't codified the way employees are engaging online, even if your firm doesn't have an official blog, Facebook page or LinkedIn group, even if you're at a firm that blocks access to social networks entirely (and we urge you to reconsider that policy quickly), your employees are already there.
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Being engaged in social networks has enormous value to your firm. Through them, you can establish thought leadership, find new recruits, provide a more efficient way for potential clients to find you online, and participate in and monitor discussions about the issues that impact your clients and your firm.
Achieving the first three benefits, however, requires participation by members of your firm. This group extends beyond your marketing and public relations representatives or a single spokesperson for your firm, all of whom are already well versed in the strategic and prudent disclosure of information. Best practices can be applied firm-wide that help achieve your business goals and protect you. For starters, that means understanding both the legal ramifications of online engagement and the fuzzier, but no less important, implications of the use of the virtual microphone or TV station to enhance your firm's reputation.
There is a high likelihood that many people at your firm are participating in social media. They may have their own blogs or contribute to other blogs, add information on wikis, participate in social networks like Facebook or MySpace, keep profiles on Delicious, and/or feed the Twitter stream. Whatever forms your employees' social media activities take, we strongly recommend instituting a set of social media guidelines or a formal policy so that everyone understands how their social media activity fits into the workplace.
We at Jaffe Associates made our best effort several months ago to outline a comprehensive set of social media policies and procedures. We now offer an updated set of policies and procedures. We welcome and encourage you to use this policy as a guideline as you develop a policy for your firm. When you do implement a social media policy at your firm, we strongly suggest you give consideration to your own standards and culture in customizing them for your firm. We also emphasize the need to consider the ethics rules of the provinces and/or states in which you operate.
A good social media policy should deal at least with the following issues:
Acknowledge the importance of social media use
Let your partners, associates and staff know that, while social media can drive business and support professional development efforts, it is also popular for personal use. Focus on the need to find a reasonable balance between those two uses.
Online identity
Employees must be responsible for any online activity conducted with a firm email address, and/or that can be traced back to the firm's domain, and/or that uses firm assets. All such activities carry the implied representation that the user is acting on the firm's behalf. Employees must be aware of this consequence. Guidelines should emphasize the need to keep business and personal use separate, so that comments made to personal media are not attributed to the firm. In any event, factual accuracy is always important.
Creating and managing content
The critical concerns here include client confidentiality, copyright, fact-checking, and even common courtesy and respect. Make sure your employees know that any online content can have commercial and legal repercussions for them individually, and for the firm. It is good online practice to keep all comments and materials meaningful and respectful, even in disagreement.
Potential conflicts and red flags
The firm policy should help employees understand how to respond when faced with aggressive and/or negative online comments, how to post recommendations for colleagues, and what steps to follow when responding to press requests. Further, many lawyers may not realize that it is possible to create solicitor-client relationships online. Disclaimers can help, but all lawyers and employees must be cautious when conveying legal information online.
Don't wait for a problem to arise before you deal with this issue. A clear social media policy will help everyone in your firm feel more comfortable with their online practices, and could help avoid very uncomfortable conflicts and liabilities.
By Jay M. Jaffe, President & CEO, Jaffe Associates Inc. Jay can be reached at jaffej@jaffeassociates.com or at 301-881-6991. Jay can also be contacted at http://www.linkedin.com/in/jayjaffe or at Twitter @jaffej.