ABA Repost! My Article "What to Do if Your Social Media Is Hacked"!

Hey Tech-Savvy Lawyers!

I’m excited to share that my article “What to Do if Your Social Media Is Hacked” was recently published on ABA’s “The Marketing Issue” for Law Practice Management!

For those of you who can’t get behind the paywall, I’m allowed to share it below (after it had been published on the ABA’s webpage). Note the pictures are my own

Enjoy!

Don’t panic when your social media is hacked!

As a legal professional, your social media presence is more than just a personal outlet—it's an extension of your professional identity and a critical tool for networking, client communication, and brand building. When your social media account is compromised, the consequences can be far-reaching, affecting both your personal and professional life. Social media security is crucial, and legal professionals should take these steps to address hacks across various platforms.

The Professional and Personal Impact of Social Media Hacks

Professional consequences. A hacked social media account can severely damage your professional reputation. Unauthorized posts or messages sent from your account could potentially impact your work by violating client confidentiality or by spreading misinformation about ongoing cases. If the hack involves personal comments, it could damage relationships with colleagues and clients and undermine your credibility in the legal community. For judges, a compromised account could raise questions about impartiality and potentially influence ongoing cases. For lawyers, it could lead to loss of clients and damage to the firm's reputation.

Personal ramifications. On a personal level, a social media hack can be equally devastating when it involves identity theft or financial fraud. Additionally, do not underestimate the potential damage to personal relationships or the emotional distress and loss of privacy that may result.

The interconnected nature of personal and professional lives in the legal field means that personal social media breaches can have professional consequences and vice versa.

Ethical Considerations and State Bar Issues

Social media hacks pose significant ethical challenges for legal professionals. Many state bars have specific rules regarding attorneys' use of social media, and a compromised account could lead to unintended violations if negligence on the lawyers’ part is involved. Keep in mind that many states have adopted an ethical duty of technological competence.

There are many possible rules implicated if a hack occurs. These may include:

Plan ahead for when/if your or your firm’s social media is every hacked!

Confidentiality. Unauthorized access to your account could lead to the disclosure of confidential client information, violating ABA Model Rule 1.6[3].

Advertising and Solicitation. Hacked accounts might post content that violates rules on lawyer advertising and solicitation. See ABA Model Rules 7.1, 7.2 and 7.3.

Competence. Failure to adequately secure your social media accounts could be seen as a lack of technological competence, which is increasingly considered part of a lawyer's duty of competence under ABA Model Rule 1.1[8].

Communication. Inappropriate messages sent from a hacked account could violate rules on communication with clients, opposing parties or the court. See ABA Model Rules 1.6, 3.3, 4.1, 5.1, 5.2 and 5.3.

Supervision. Law firm leaders may be held responsible for the social media conduct of their subordinates, even in cases of hacking, under ABA Model Rules 5.1, 5.2 and 5.3.

Any of these violations may also lead to ABA Model Rule 8.4 for misconduct leading to the failure of maintaining the integrity of the profession.

Given these ethical implications, it's crucial for legal professionals to not only secure their accounts but also to act swiftly and transparently in the event of a hack.

Steps to Take When Your Social Media Is Hacked

Immediately change your password on the affected account and any other accounts that share the same password. Use a password manager like Keeper, NordPass, Bitwarden Bitdefender or Dashlane to make complex passwords that are not easy to hack. A password manager securely stores your credentials, synchronizes them across your devices, and restricts access to only those you authorize.

Take action when your social media is hacked - your professional reputation could be on the line!

For additional security, enable two-factor authentication (2FA) on all your social media accounts. 2FA is an extra layer of security that requires users to provide two different pieces of evidence to prove their identity when logging into an account. In addition to a password, 2FA typically requires something the user physically possesses, like a smartphone to receive a verification code, or something unique to the user, like a fingerprint. This makes it much harder for unauthorized people to access accounts, even if they manage to obtain the password.

You also need to consider outside relationships. Review and revoke access for any suspicious third-party apps connected to your account. Be cautious about accepting connections or friend requests. Inform your professional network, clients and colleagues about the hack to prevent them from falling victim to any malicious content or requests.

Some states require you to contact your state bar association(s) depending on the severity of the breach. Contact your bar hotline or private counsel if you have questions about what to do regarding your state bar obligations. You likely have obligations to inform any clients potentially impacted.

Make sure to document everything. Keep a record of unauthorized posts, messages or changes made to your account. This documentation may be necessary for reporting to the platform, your state bar or law enforcement.

Platform-Specific Steps

Follow these steps if your account on any of your outside platforms is hacked.

Facebook

1. Visit Facebook's Hacked Accounts page and follow the prompts.

2. Use the “Someone else got into my account without my permission" option if you're locked out of your account.

3. Review your account's login history and update/change your security settings.

Instagram

1. Visit Instagram’s Hacked Accounts page and follow the prompts.

2. Use the “My account was hacked" option if you're locked out of your account.

3. Review your account's login history and update/change your security settings.

LinkedIn

1. Report the compromised account to LinkedIn immediately.

2. If you can still access your account, change your password and review recent connections and activity.

3.  If you are locked out, use LinkedIn's account recovery process.

4. Review and update/change your privacy settings once access is restored.

X (formerly known as Twitter)

1. Request a password reset via email or phone number by going to X” login and click on Forgot password?

2. If unable to reset, contact X support directly.

3. Review and revoke access for any suspicious third-party apps.

4. Review and update/change your privacy settings once access is restored.

Post-Recovery Actions

To prevent future hacks, take the following steps. Begin with a security audit. Review all your social media and online accounts for any signs of unauthorized access or suspicious activity. You may wish to, or need to, hire a professional to assist you. Change your security questions and answers on all accounts. As with your computer, use a password manager to create and store strong, unique passwords for each account. Finally, adjust your privacy settings to limit the information visible to the public.

Preparing for the future, educate your team. If you're in a leadership position, conduct training sessions on social media security for your staff. Consider setting up trusted contacts who can help you regain access if you are locked out. In severe cases, consult with a cybersecurity professional to ensure your accounts and devices are secure.

Preventive Measures

First and foremost, be transparent about the breach and any potential impacts on client confidentiality or ongoing cases.

To minimize the risk of future hacks, regularly update your passwords and use a password manager. Current best practices include using a password that is between 15 and 20 characters, which may alleviate the need to update passwords. Be cautious about clicking on links or downloading attachments from unknown sources. Keep your software and apps updated to patch security vulnerabilities. Use separate email addresses for personal and professional social media accounts. - Use a virtual private network (VPN)––it’s a best practice, but particularly necessary when accessing social media on public Wi-Fi.

Reporting to Relevant Authorities

Depending on the severity of the hack and any resulting damages, you may need to report the incident to your state bar association, law enforcement agencies, clients or other affected parties and your firm's IT department or cybersecurity team.

Rebuilding Trust and Reputation

After securing your account, focus on rebuilding trust with your network. First, post a clear explanation of the hack and the steps you've taken to secure your account and your client’s personally identifiable information (PII) if affected.

Going forward, consider sharing lessons learned to help others in your professional network improve their social media security. Be proactive in monitoring your online reputation and addressing any lingering concerns from clients or colleagues.

Safeguard Your Professional Reputation

For legal professionals, a social media hack is more than just an inconvenience—it's a threat to your professional integrity and ethical standing. By understanding the risks, taking swift action when compromised and implementing robust preventive measures, you can protect your online presence and maintain the trust of your clients and colleagues.

Remember, in the digital age, your online security is an integral part of your professional responsibility. Stay vigilant, stay informed and don't hesitate to seek help when needed. Your career and reputation are worth the extra effort in safeguarding your social media presence.

Article Reprint

My article from the ABA’s “The Marketing Issue” on Law Practice Management!

I’m excited to share that my article “What to Do if Your Social Media Is Hacked” was recently published on ABA’s “The Marketing Issue” for Law Practice Management!

For those of you who can’t get behind the paywall, I’m allowed to share it below (after it had been published on the ABA’s webpage). Note the pictures are my own AI generation.

Enjoy!

As a legal professional, your social media presence is more than just a personal outlet—it's an extension of your professional identity and a critical tool for networking, client communication, and brand building. When your social media account is compromised, the consequences can be far-reaching, affecting both your personal and professional life. Social media security is crucial, and legal professionals should take these steps to address hacks across various platforms.

The Professional and Personal Impact of Social Media Hacks

Professional consequences. A hacked social media account can severely damage your professional reputation. Unauthorized posts or messages sent from your account could potentially impact your work by violating client confidentiality or by spreading misinformation about ongoing cases. If the hack involves personal comments, it could damage relationships with colleagues and clients and undermine your credibility in the legal community. For judges, a compromised account could raise questions about impartiality and potentially influence ongoing cases. For lawyers, it could lead to loss of clients and damage to the firm's reputation.

Personal ramifications. On a personal level, a social media hack can be equally devastating when it involves identity theft or financial fraud. Additionally, do not underestimate the potential damage to personal relationships or the emotional distress and loss of privacy that may result.

The interconnected nature of personal and professional lives in the legal field means that personal social media breaches can have professional consequences and vice versa.

Ethical Considerations and State Bar Issues

Social media hacks pose significant ethical challenges for legal professionals. Many state bars have specific rules regarding attorneys' use of social media, and a compromised account could lead to unintended violations if negligence on the lawyers’ part is involved. Keep in mind that many states have adopted an ethical duty of technological competence.

There are many possible rules implicated if a hack occurs. These may include:

Confidentiality. Unauthorized access to your account could lead to the disclosure of confidential client information, violating ABA Model Rule 1.6[3].

Advertising and Solicitation. Hacked accounts might post content that violates rules on lawyer advertising and solicitation. See ABA Model Rules 7.1, 7.2 and 7.3.

Competence. Failure to adequately secure your social media accounts could be seen as a lack of technological competence, which is increasingly considered part of a lawyer's duty of competence under ABA Model Rule 1.1[8].

Communication. Inappropriate messages sent from a hacked account could violate rules on communication with clients, opposing parties or the court. See ABA Model Rules 1.6, 3.3, 4.1, 5.1, 5.2 and 5.3.

Supervision. Law firm leaders may be held responsible for the social media conduct of their subordinates, even in cases of hacking, under ABA Model Rules 5.1, 5.2 and 5.3.

Any of these violations may also lead to ABA Model Rule 8.4 for misconduct leading to the failure of maintaining the integrity of the profession.

Given these ethical implications, it's crucial for legal professionals to not only secure their accounts but also to act swiftly and transparently in the event of a hack.

Steps to Take When Your Social Media Is Hacked

Immediately change your password on the affected account and any other accounts that share the same password. Use a password manager like Keeper, NordPass, Bitwarden Bitdefender or Dashlane to make complex passwords that are not easy to hack. A password manager securely stores your credentials, synchronizes them across your devices, and restricts access to only those you authorize.

For additional security, enable two-factor authentication (2FA) on all your social media accounts. 2FA is an extra layer of security that requires users to provide two different pieces of evidence to prove their identity when logging into an account. In addition to a password, 2FA typically requires something the user physically possesses, like a smartphone to receive a verification code, or something unique to the user, like a fingerprint. This makes it much harder for unauthorized people to access accounts, even if they manage to obtain the password.

You also need to consider outside relationships. Review and revoke access for any suspicious third-party apps connected to your account. Be cautious about accepting connections or friend requests. Inform your professional network, clients and colleagues about the hack to prevent them from falling victim to any malicious content or requests.

Some states require you to contact your state bar association(s) depending on the severity of the breach. Contact your bar hotline or private counsel if you have questions about what to do regarding your state bar obligations. You likely have obligations to inform any clients potentially impacted.

Make sure to document everything. Keep a record of unauthorized posts, messages or changes made to your account. This documentation may be necessary for reporting to the platform, your state bar or law enforcement.

Platform-Specific Steps

Follow these steps if your account on any of your outside platforms is hacked.

Facebook

1. Visit Facebook's Hacked Accounts page and follow the prompts.

2. Use the “Someone else got into my account without my permission" option if you're locked out of your account.

3. Review your account's login history and update/change your security settings.

Instagram

1. Visit Instagram’s Hacked Accounts page and follow the prompts.

2. Use the “My account was hacked" option if you're locked out of your account.

3. Review your account's login history and update/change your security settings.

LinkedIn

1. Report the compromised account to LinkedIn immediately.

2. If you can still access your account, change your password and review recent connections and activity.

3.  If you are locked out, use LinkedIn's account recovery process.

4. Review and update/change your privacy settings once access is restored.

X (formerly known as Twitter)

1. Request a password reset via email or phone number by going to X” login and click on Forgot password?

2. If unable to reset, contact X support directly.

3. Review and revoke access for any suspicious third-party apps.

4. Review and update/change your privacy settings once access is restored.

Post-Recovery Actions

To prevent future hacks, take the following steps. Begin with a security audit. Review all your social media and online accounts for any signs of unauthorized access or suspicious activity. You may wish to, or need to, hire a professional to assist you. Change your security questions and answers on all accounts. As with your computer, use a password manager to create and store strong, unique passwords for each account. Finally, adjust your privacy settings to limit the information visible to the public.

Preparing for the future, educate your team. If you're in a leadership position, conduct training sessions on social media security for your staff. Consider setting up trusted contacts who can help you regain access if you are locked out. In severe cases, consult with a cybersecurity professional to ensure your accounts and devices are secure.

Preventive Measures

First and foremost, be transparent about the breach and any potential impacts on client confidentiality or ongoing cases.

To minimize the risk of future hacks, regularly update your passwords and use a password manager. Current best practices include using a password that is between 15 and 20 characters, which may alleviate the need to update passwords. Be cautious about clicking on links or downloading attachments from unknown sources. Keep your software and apps updated to patch security vulnerabilities. Use separate email addresses for personal and professional social media accounts. - Use a virtual private network (VPN)––it’s a best practice, but particularly necessary when accessing social media on public Wi-Fi.

Reporting to Relevant Authorities

Depending on the severity of the hack and any resulting damages, you may need to report the incident to your state bar association, law enforcement agencies, clients or other affected parties and your firm's IT department or cybersecurity team.

Rebuilding Trust and Reputation

After securing your account, focus on rebuilding trust with your network. First, post a clear explanation of the hack and the steps you've taken to secure your account and your client’s personally identifiable information (PII) if affected.

Going forward, consider sharing lessons learned to help others in your professional network improve their social media security. Be proactive in monitoring your online reputation and addressing any lingering concerns from clients or colleagues.

Safeguard Your Professional Reputation

For legal professionals, a social media hack is more than just an inconvenience—it's a threat to your professional integrity and ethical standing. By understanding the risks, taking swift action when compromised and implementing robust preventive measures, you can protect your online presence and maintain the trust of your clients and colleagues.

Remember, in the digital age, your online security is an integral part of your professional responsibility. Stay vigilant, stay informed and don't hesitate to seek help when needed. Your career and reputation are worth the extra effort in safeguarding your social media presence.

MTC: Social Media Landscape Shift: Legal Implications and Ethical Considerations. 📱⚖️🤔

What can lawyers learn about how social media impacts their practice of law from austrailia’s ban on social media based on age?

The digital landscape is undergoing a seismic shift, with recent developments in Australia and global platform dynamics reshaping how we approach social media. As legal professionals, it's crucial to understand these changes and their implications for our practice and clients.

Australia's Groundbreaking Social Media Ban

In a world-first move, Australia has passed legislation banning social media access for individuals under 16. This unprecedented step puts tech companies on notice to implement stringent age verification measures or face hefty fines of up to AU$50 million (US$32 million). The law, set to take effect after a one-year grace period, will impact major platforms like X (formerly Twitter), TikTok, Instagram, and Facebook.¹

This legislation raises important questions about digital rights, privacy, and the role of technology in young people's lives. As lawyers, we must consider how this might influence our clients' online presence and the potential legal challenges that may arise from such restrictions.

The Exodus from X and the Rise of Alternatives

How does social media’s use of false news impact a lawyer’s daily life?

Concurrent with Australia's legislative action, we're witnessing a significant user migration from X, formerly known as Twitter. Following recent political events, including Donald Trump's re-election, X has experienced its largest user exodus since Elon Musk's takeover. This mass departure is driven by concerns over misinformation, conspiracy theories, and perceived changes in the platform's content moderation policies.

Where are these users going? Several platforms are benefiting from this migration:

1. Bluesky: Developed by Twitter founder Jack Dorsey, Bluesky has seen explosive growth, reaching 20 million users with an average of 1 million new users daily over a five-day period.²

2. Threads: Meta's Twitter alternative, launched last year, boasts around 275 million monthly active users.³

3. Mastodon: This decentralized platform has also seen increased adoption, with app downloads up 47% on iOS and 17% on Android.²

Platform Ideologies and Content Moderation

lawyers need to understand the trustworthiness of the social media platforms they use!

As lawyers, it's essential to understand the ideological leanings and content moderation policies of different platforms:

1. X (formerly Twitter): Under Musk's leadership, X has positioned itself as a free speech platform. However, this approach has led to concerns about the spread of misinformation and hate speech.⁴

2. Facebook and Instagram: Meta's platforms have implemented measures to reduce political content distribution and allow users to opt out of political ads.⁵ However, they still face criticism for the spread of misinformation.

3. TikTok: While popular among younger users, TikTok has faced accusations of censorship, particularly regarding politically sensitive content.⁴

4. YouTube: The platform has implemented policies to combat election misinformation but still faces challenges in consistent enforcement.⁶

5. Reddit: Known for its community-driven moderation, Reddit has also faced criticism for harboring extremist content in certain subreddits.

The Challenge of Misinformation

A key issue across platforms is the spread of false or misleading information. According to a recent Anti-Defamation League report, major social media platforms have weakened their rules against election misinformation. This trend is particularly concerning as we approach the 2024 U.S. presidential election.

As legal professionals, we must be vigilant about the information we consume and share on these platforms. We also need to advise our clients on the potential legal risks associated with spreading misinformation, especially in politically charged environments.

Ethical Considerations for Legal Professionals

The evolving social media landscape presents several ethical considerations for lawyers:

What are the ethical considerations lawyer need to be mindful when on social media?

1. Client Representation: As platforms become more politicized, we must carefully consider how our social media presence might impact our ability to represent clients fairly and impartially.

2. Confidentiality: With increased data collection and potential age verification measures, we must be extra cautious about client confidentiality when using social media.

3. Professional Conduct: Our online behavior reflects on our professional reputation. We must maintain the same level of decorum and ethical standards online as we do in the courtroom.

4. Informed Consent: When advising clients on social media use, especially in light of new regulations like Australia's ban, we must ensure they fully understand the potential legal implications.

The Pursuit of Justice in a Digital Age

As we navigate this complex digital landscape, we must ask ourselves: What kind of legal practice do we want to build, and what types of clients do we want to attract? Our social media presence and the platforms we choose to engage with can significantly influence these outcomes.

We must strive to use social media in a way that upholds the highest standards of our profession. This means:

1. Verifying information before sharing or acting upon it.

2. Respecting the rights and privacy of others, including minors who may be affected by new regulations.

3. Using our platforms to educate and inform, rather than to inflame or mislead.

4. Being transparent about our affiliations and potential conflicts of interest.

Final Thoughts

lawyers need to stay informed about the social media platforms they use.

The rapidly changing social media landscape presents both challenges and opportunities for legal professionals. By staying informed about platform dynamics, understanding the implications of new regulations, and maintaining high ethical standards, we can effectively navigate this digital terrain while upholding the principles of justice and integrity that are fundamental to our profession.

As we move forward, let us remember that our ultimate responsibility is not to any platform or ideology, but to the pursuit of justice and the ethical practice of law. In this digital age, that pursuit may require us to be more discerning, more cautious, and more principled than ever before in our use of social media.

❄️❅☃️❆❄️ Have a Happy Holiday Season!❄️❅☃️❆❄️

MTC

MTC: Navigating the Perils of Online Reviews!

How lawyers handle online reviews can be a matter of your bar license!

In today's digital age, lawyers must be increasingly cautious about their online presence and interactions. A recent case involving an Illinois attorney serves as a stark reminder of the potential consequences of mishandling online reviews. Let's explore the key takeaways and best practices for legal professionals in the digital realm.

The Cautionary Tale

An Illinois attorney recently faced bar charges for his response to negative online reviews[1]. This incident highlights the importance of maintaining professionalism and ethical standards, even in the face of criticism on digital platforms.

What Not to Do with Online Reviews

Don't Disclose Confidential Information

The attorney in question allegedly revealed confidential client information in his responses to negative reviews[1]. This is a fundamental breach of attorney-client privilege and can lead to severe consequences, including disciplinary action from the bar.

Avoid Emotional Responses

Not all reviews are going to be great - lawyers need to be mindful they handle them.

It's natural to feel defensive when faced with criticism, but responding emotionally can lead to poor decision-making. The Illinois attorney's responses were described as "intemperate" and "discourteous"[1], which only exacerbated the situation.

Don't Engage in Harassment

The charges against the attorney included allegations of harassment[1]. It's crucial to remember that any form of harassment, whether online or offline, is unacceptable and can result in serious professional repercussions.

Best Practices for Handling Online Reviews

Maintain Professional Composure

When faced with a negative review, take a step back and compose yourself before responding. A calm, professional response is always more effective than an emotional outburst.

Respect Client Confidentiality

Never disclose any information about a client or case without explicit permission, even if you're trying to defend yourself against criticism. Client confidentiality is paramount and must be maintained at all times.

Respond Thoughtfully and Constructively

always “act” and “not react” to negative online reviews!

If you choose to respond to a review, do so in a way that addresses the concerns raised without becoming defensive or confrontational. Focus on providing factual information and expressing a willingness to resolve any issues.

Consider Not Responding

In some cases, the best course of action may be to not respond at all. If a review is particularly inflammatory or you're unsure how to respond appropriately, consult with a colleague or seek advice from your bar association.

Proactive Measures

Cultivate Positive Reviews

Encourage satisfied clients to leave reviews on reputable platforms. A strong base of positive reviews can help offset the impact of occasional negative feedback.

Monitor Your Online Presence

Regularly check your online reviews and mentions. Early awareness of negative feedback allows you to address issues promptly and professionally.

lawyers should regularly monitor their online presence!

Implement a Review Response Policy

Develop a clear policy for handling online reviews within your practice. This can help ensure consistent, professional responses across all platforms.

The Bigger Picture

While online reviews can be a valuable tool for potential clients, they also present unique challenges for legal professionals. The case of the Illinois attorney serves as a reminder that the rules of professional conduct apply just as much in the digital world as they do in traditional practice settings.

As tech-savvy lawyers, we must navigate this landscape with care, always prioritizing ethical standards and client confidentiality. By maintaining professionalism in our online interactions, we not only protect ourselves from potential disciplinary action but also uphold the integrity of our profession in the digital age.

Remember, in the world of online reviews, discretion and professionalism are your best allies. Let's use technology to enhance our practices, not compromise them.

MTC

Happy Lawyering!

My Two Cents: How The Tiktok Ban May Affect Legal Advertising And Client Communication!

Will a ban on "tik-tok” in the united states affect an effective way for lawyers with limited means find new clients?

Recently, the Biden Administration signed into law a "potential" ban on the popular social media application TikTok.  TikTok is an application with a unique blend of short-form video content and algorithm-driven visibility loved by many - teenagers, adults, small businesses, big businesses, and more!  It has emerged as a powerful tool for law firms and solo practitioners to showcase their expertise, demystify complex legal concepts, and build a more approachable brand image.  Before everyone freaks out, including lawyers, about TikTok being shut down, this law gives TikTok nine months (with a possible three-month extension) to be divested from its parent company, ByteDance. So, what is the underlying problem?

ByteDance is accused of being a Chinese Spy. The U.S. Government believes the parent company will have unprecedented information on American Citizens that will cause a national security issue.  This is a legitimate concern but, in reality, may not be justified given the available data American's already freely share on the internet.  But, with discussions around national security concerns leading to potential bans or restrictions in various countries, the legal community stands at the precipice of a significant shift in digital communication strategies. Meanwhile, these legitimate security issues are buttressed against individual Constitutional rights of free speech and self-determination (of what to do with one’s own information).

Lawyers need to navigate how Federal laws, state laws, and state bar ethics may affect their social media presence!

The ban's most immediate effect on legal advertising stems from TikTok's role as a democratizing force in digital marketing. Unlike traditional platforms that require substantial investment in content creation and distribution, TikTok has allowed small businesses, including solo lawyers and small- to medium-size law firms, to reach potential clients through creative, engaging content without significant financial overheads. The platform's algorithm favors engagement over follower count, making it possible for even new practitioners to gain visibility among millions of users. Thus, a ban would close off a vital avenue for cost-effective brand building and a forum through which to cultivate new clients.

Moreover, TikTok has facilitated a unique form of client communication and community building that is especially relevant in today’s fast-paced digital environment. Legal professionals have leveraged the platform not only to advertise their services but also to provide valuable legal education and commentary on current events in an accessible format. This approach has helped demystify the law for many individuals who might otherwise feel intimidated by the prospect of engaging with legal issues or contacting a lawyer. In the end, the loss of this channel could significantly hinder efforts to make the law more accessible to the general public.

The ripple effects extend beyond direct marketing implications; they touch upon how law firms position themselves within an increasingly online world where social media presence is often synonymous with relevance and thought leadership. For many younger clients or those immersed in digital culture, a firm’s presence on platforms like TikTok signals openness to innovation and a willingness to communicate in relatable terms.

lawyers will need to figure out how their bottom line is affective if they can no longer use Tiktok as an economically efficient means of advertising and potential client communication!

In navigating these changes, law firms must reconsider their digital marketing strategies by exploring alternative platforms that offer similar engagement opportunities without running afoul of potential legal restrictions. (This can be challenging as lawyers need to be weary of federal laws, their state laws, their state bar ethics, and the laws of other states their TikTok ads may appear in - which could likely be all of them!)  Adapting content strategies to fit new platforms while maintaining authenticity will be crucial. Moreover, firms may need to invest more heavily in other forms of digital marketing, such as search engine optimization (SEO), pay-per-click (PPC) advertising, or even revert back towards more traditional channels, albeit more expensive and less effective if those become the remaining alternatives. Thus, limiting their ability to reach new clients.

Understanding how a TikTok ban impacts legal advertising and client communication involves recognizing both its role as an equalizer in digital marketing for lawyers and its capacity for fostering meaningful connections with current and prospective clients. As restrictions loom on the horizon, navigating these shifts will demand creativity, adaptability, and foresight from legal professionals committed to maintaining robust lines of communication with their audience. All the while, lawyers will have to agonize if they should continue advertising on TikTok and if the investment they have already made in TikTok will require further expenditure to be retooled, if even possible, for other means of advertising.

It’s a mess right now, and I don't think lawyers need more to stress over.  But here we are….

MTC

Happy Lawyering!

My Two Cents: The Perils of Attorney Social Media Disclosures: Upholding Integrity and Protecting Clients' Interests. Or the Right and Duty to Remain Silent.

Attorneys must be cautious using social media when it relates to their ongoing cases!

In the age of social media dominance, individuals across various professions have embraced the power of online platforms to express their thoughts, opinions, and personal experiences. However, attorneys, as guardians of justice and trusted advocates, must exercise caution when engaging in social media discussions especially when their cases have yet finished in court. Recent events, such as the case highlighted in the article "Attorneys' Social Media Posts Cost Client $1.5M and Lawyers are Divided About It" by LegalTech News, along with the controversial behavior of former President Donald Trump in discussing his government criminal cases, have underscored the urgent need for attorneys to abstain from discussing ongoing trials on social media. Attorneys should refrain from such practices, emphasizing the potential risks to their clients' interests and the integrity of the legal profession.

The obvious should be Preserving Client Confidentiality and Trust. The cornerstone of the attorney-client relationship is trust and confidentiality. Attorneys must ensure that their clients' information remains confidential and protected from unauthorized disclosure. Engaging in social media discussions about ongoing trials can inadvertently breach this privilege, potentially damaging the client's trust and undermining the attorney's credibility.

You don’t want a mistrial because you prejudiced the Legal Process. Discussing ongoing cases on social media platforms can compromise the fairness of legal proceedings. Such disclosures can introduce bias, prejudicial information, or potentially taint the jury pool. The attorney's duty to uphold the integrity of the legal system necessitates avoiding actions that could undermine the objective pursuit of justice.

An attorneys use of social media can get unwanted attention from their state bar association!

We must Maintain Objectivity and Impartiality.  Attorneys have a professional obligation to approach their cases with objectivity and impartiality. Expressing personal opinions or biases on social media regarding ongoing trials can call into question their ability to provide fair and unbiased representation. Publicly taking sides or making premature judgments can hinder their capacity to advocate effectively for their clients.

We should avoid creating Conflicts of Interest and Client Diversification. Sharing case-related information on social media may inadvertently lead to conflicts of interest or compromise the attorney's ability to handle other cases effectively. Publicizing details or opinions on one case could potentially affect the attorney's relationship with other clients, undermining their ability to represent diverse interests without bias or prejudice.

We don't want to Jeopardize Our Client's Interests. As Attorneys, we are duty-bound to act in our clients' best interests. By discussing ongoing cases on social media, attorneys risk revealing confidential information or strategic details that could harm their clients' positions. Such disclosures may enable opposing counsel to gain insight into the attorney's legal strategies or provide them with an advantage during trial.

We should prevent Pretrial Publicity and Jury Bias. Social media posts by attorneys can generate widespread publicity, attracting undue attention to the case and influencing public perception. This increased exposure may make it challenging to impanel an impartial jury, potentially leading to biased judgments or unfavorable outcomes for the client. Preserving the integrity of the legal process demands restraint from attorneys in publicizing ongoing cases on social media.

Trump’s social media postings have likely affected his purported upcoming criminal trials…

The Trump Factor: A Cautionary Tale (whether you are for or against him). The highly publicized government criminal cases involving former President Donald J. Trump provide a cautionary tale for attorneys. His frequent and controversial social media commentary on legal matters highlighted the potential pitfalls of mixing public opinion, personal agendas, and legal cases. Trump's approach underscores the importance of discretion and the potential consequences of disregarding professional boundaries. Attorneys must learn from these examples and avoid compromising their professional responsibilities by engaging in similar behavior.

Attorneys bear a significant responsibility in upholding the principles of justice, maintaining client confidentiality, and preserving the integrity of the legal profession. Engaging in social media discussions about their ongoing trials risks compromising these crucial aspects, potentially harming clients and undermining public trust. By exercising caution and discretion, attorneys can ensure they fulfill their professional obligations while safeguarding their clients' interests. Social media can be a valuable tool for attorneys to connect with the public and engage in meaningful dialogue, but it must be used thoughtfully and responsibly to avoid unintended consequences.

Why does this matter? Attorneys should strive to maintain decorum and protect the sanctity of the legal process by refraining from public discussions on social media platforms for their ongoing cases.  Because if you haven’t realized it, every paragraph above could serve as a basis for a potential bar complaint.  And you don’t want that!!!