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Advertising and Social Media: Legal Ethics in the Internet Age



Content Partner:  Milwaukee Bar Association
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Description: Social media and other online activities have evolved rapidly from a novelty to a near necessity for lawyers as well as the general public.  However, the Wisconsin Supreme Court Rules, ethics opinions, and case law have not kept pace with the growth of the Internet. This presentation will focus on use of social media and electronic advertising in light of the limited guidance that is available.
 
 Agenda:

Social Media (12:35 p.m.)
·         Competence and Diligence (SCR 20:1.1, 1.3)
·         Evidentiary Issues
o   Gathering information that is publicly available versus information restricted to friends/contacts (SCR 20:4.1, SCR 20:4.1, SCR 20:8.4(c))
o   Social media communication with unrepresented parties (SCR 20:4.2)
o   Discovery Sanctions/Spoliation
·         Your Client’s Use of Social Media
o   Best Practices
o   Can your client use social media in ways you cannot? (SCR 20:8.4(a))
·         Attorney-Client Relationship Issues (12:55 p.m.)
o   Conflicts of Interest (SCR 20:1.7, 20:1.8)
o   Duties to Former clients (SCR 20:1.9)
o   Confidentiality (SCR 20:1.6)
·         Other Issues (1:00 p.m.)
o   Relationships With Judges
o   Trash Talk (SCR 20:3.1, SCR 20:8.2-8.4, SCR 40.15)
 
Online Advertising (1:05 p.m.)
·         Generally
o   Communications concerning a lawyer’s services (SCR 20:7.1)
o   Advertising (SCR 20:7.2)
o   Solicitation (SCR 20:7.3)
o   Communication regarding fields of practice (SCR 20:7.4)
·         Specific scenarios
o   Can you ask another lawyer to endorse you on LinkedIn or write a testimonial on AVVO in exchange for your endorsement? (SCR 20:7.2(b))
o   When does an over-the-top comment by a client become a problem? (SCR 20:7.4(d))
o   Do advertising rules apply to comments and posts on your personal social media accounts?
 
Questions and Comments (Time Remaining)


Practice Areas: Ethics & Professional Responsibility, Information Technology Law & E-Commerce
Online Media Type: Video
Production Date: 01/22/2018
Level: Intermediate
Category: Standard
Duration: 0 Hours, 56 Minutes
Online Format: On Demand

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Accreditation:
CA, CO, FL, NJ, NY-EXPER, OK, WV
California
Total Credits: 1
Specialty Credits: Ethics 1
Status: Accredited
Expiration: 01/21/2021
Training Type: Participatory

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

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Speakers:
Jeremy P. Levinson - Halling & Cayo
Stacie Rosenzweig - Halling & Cayo
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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