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!!!