The Code of Professional Responsibility (Code) is clear when it comes to telling attorneys what they can and cannot do, especially in the areas of marketing and advertising, which consequently impacts the implementation of a social media marketing plan. Some lawyers, particularly solo practitioners, advertise on TV, radio, newspapers, or even on the back of phone directories. It is no surprise that many lawyers turn to social media as well to market their services.
According to Brenda Hill who writes on marketing trends, attorneys should follow the same rules that apply to traditional marketing platforms when they advertise on social media or use other inbound marketing tactics to reach potential clients. Potential clients are defined as “the universe of all public persons.”
Social Media Is A Two-Way Conversation
Social media reaches a broader audience than traditional media. What a lawyer in California posts on Facebook or tweets can reach anyone, anywhere, who might be looking for a lawyer. Because of this, a lawyer must be very clear that they are not providing specific legal advice.
In addition, social media can get lawyers into trouble when communicating with non-attorneys. If a non-lawyer tweets a question or comment about a post that is incorrect, what is the lawyer’s responsibility according to the Code? Can a complete response be provided within 140 characters? Probably not, as Michael E. Lackey and Joseph P. Minta write in Touro Law Review. They remind lawyers to take special care to avoid creating the appearance of an attorney-client relationship.
The Arizona Bar recommends attorneys treat online discussions the same way they treat legal seminars. They advise that, “An attorney should avoid answering specific legal questions unless the question is general and not fact-specific.”
Avoid Over-The-Top Testimonials In Your Social Media Marketing Plan
Rachel Zahorsky, a legal affairs writer, recently discussed LinkedIn testimonials in the American Bar Association Journal and whether they violate legal ethics according to the Code. LinkedIn is the largest professional business networking site in the world; a recent search for “lawyers” on the site came up with more than 285,000 results. Its members use LinkedIn to network, find employees, read up on potential employers, and research professionals they may hire for services they need.
The Code prohibits lawyers from making “any false or misleading claims about his or her services.” While an endorsement is technically not made by a lawyer but by a client, anything on his her page is deemed to have come from the lawyer directly.
Endorsements must be proactively approved before they can be posted. Thus, an endorsement that treads too close to the line where enthusiasm or appreciation becomes highly exaggerated, it should be rejected. Obviously, endorsements that are outright false should be rejected as well. Legal blogger Robert Ambrogi reminds readers that LinkedIn does allow members to hide endorsements.
If It Feels Wrong, It Probably Is on Social Media Too
When it comes to using your social media marketing plan, particularly to generate inbound leads or attract interest in your work, trust your ethical instincts and training. If a tactic seems wrong within the broader world of legal marketing and the Code, it probably will be improper to use online as well. Keep an eye out for advisories from the ABA and your state bar to stay on top of the marketing conversation.
