Be Clear: The Do's and Don’ts of Social Media if You're an Attorney | Callagy Law

1)      Be clear as to who you are and why you are contacting the person.

The New Jersey Disciplinary Rules of Professional Conduct apply to communication via social media, therefore it is important to remember them when using sites like Facebook and LinkedIn RPC 7.1 states that “[a] lawyer shall not make false or misleading communications about the lawyer, the lawyer’s services, or any matter in which the lawyer has or seeks a professional involvement.” A good way to avoid misleading information is to be very clear as to who you are and why you are writing the message.

2)      Do not be careless with casual advice

This is important not only to make sure that you’re not being irresponsible with the advice given, but also because an implied client-attorney relationship may form. An attorney should be clear in his or her communication with prospective clients regarding the nature of their relationship.

3)      Do not disclose privileged or confidential information

Barring client permission, attorneys are not allowed to reveal privileged or confidential information. Although this is a rule that almost every attorney takes to heart, technological advancements have made it easier to inadvertently reveal information. For example, the metadata in a picture can reveal the time and location from where the picture was taken. Although not all attorneys are tech savvy, they will be required to know the consequences of the media they use to communicate.

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