Tag Archive: media

Restricting the use of social media – Is the ABA on the right path?

There is a great deal of heat generated thus far over the ABA looking into the issues of internet marketing/advertising/promotion … They have not overtly yet taken a position, only solicited commentary for the ethics commission to consider.

Yet, many bloggers and commentators believe that the ABA is seeking to destroy the marketing advantage gained in the social media by sole and small firm practitioners.

The mood of the country, as seen in the recent election, appears to be that less is more. (Though I believe that that is true only as an electioneering slogan — just wait until "they" get into power.) Translating that feeling, though, into the legal world and we want fewer rules to regulate our conduct.

Yes, there are enough rules already on the books to protect the innocent and govern the "guilty." But, new technology does require a new look … perhaps even a loosening of the current ad hoc rules. Frankly, I’d rather have the ABA review these issues than the many states who tend to take a far more restrictive stance than does the ABA.

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Conference You Must Attend – Or Fall Behind

The Business of Lawâ is continuously changing— from fee structures, to marketing strategies, to client preferences. In today’s economic climate, law firms have no way to catch up once they fall behind.

The good news is that the success or failure of your firm is completely in your hands. If you learn the newest practices, develop your business plan, and understand the economic situation you’re operating in, you can achieve financial performances you’ve only dreamed of.

So what’s the fastest, easiest and most innovative way to update traditional methods and boost business to the next level? 

Introducing the 2nd Annual Midwestern Law Firm Management Conference- The New Norm: Understanding How To Thrive in the New Economy.



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Revenge and Social Media

See today’s (Dec 1st) article in the Wall Street Journal (Personal Journal) entitled "The Dark Side of ‘Webtribution.’" This is truly scary where revenge as a motive with little thought to consequences can impact and perhaps destroy someone’s reputation. Because hitting the "send" button is soooooo easy and too often "anonymous," the temptation is huge to lash out at someone for a perceived wrong (whether correct or not).  And the internet cannot be erased!  We know from the print media that "retractions" are seldom effective, even when made. On the internet, the stain is permanent.

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Lawyers should inquire about a witness’ social media presence

There is a current discussion about a lawyer’s obligation or responsibility to make inquiries into a witness’ social media pages, and the information contained therein. I don’t think anyone is suggesting that the information is not discoverable.  But, the Philadelphia Bar has opined in its Professional Guidance Committee Opinion 2009-02 (March 2009) that deceit sanctioned by or authorized by the lawyer to get the information is not permitted.



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