By: Megan Fistori
Social media has changed the way people engage personally and professionally. Platforms like LinkedIn, Facebook, Instagram, Twitter, and most recently, TikTok have embedded themselves into the success of people’s professional lives. For lawyers, the use of social media is helpful as a marketing tool, however, lawyers must understand how to engage in a professional manner on these platforms and understand the legal and ethical risks of using this technology. Any ethical violation can result in serious disciplinary action from the respective state bar association. When utilizing these social media platforms, lawyers should be familiar with the rules within each jurisdiction in which they are licensed to practice law.
In this digital age, it has become difficult to avoid being active on social media because many professional competitors, colleagues, and clients use social media. Lawyers are expected to be readily accessible, and if lawyers want to stay current in the times, they need to create an online presence. Social media for lawyers has many benefits such as helping lawyers connect with potential clients, advertising legal services, and sharing information. Additionally, social media provides a platform where lawyers can build a profile within the legal community and engage in relevant content that is likely to drive a lawyer’s business.
In 2021, the American Bar Association (“ABA”), reported that 81% of lawyers use social media for professional purposes. LinkedIn was the most popular platform and was used by 90% of respondents. Some of the more popular social media sites used by individual lawyers include Facebook (39%), Twitter (23%), and Instagram (13%). Furthermore, a recent survey by Attorney at Work survey found that 96% of the responding lawyers use social media and nearly all use social media platforms as part of their overall marketing strategy. The ABA reported that 29% of the lawyers who use social media reported that they have had a client retain their legal services because of their professional social media presence.
Social media has become such an integral part of our lives and provides exposure to a large audience. Beyond traditional electronic communications such as e-mails, social media’s reach allows for users to interact with others on a global basis more easily. As of 2022, there are expected to be 3.96 billion social media users around the world. These people spend an average of 2 hours and 24 minutes on social media every single day. This demonstrates why lawyers should utilize social media platforms, to showcase legal services to potential clients who are using these types of platforms daily. By participating in social networks with other attorneys, lawyers can not only offer their own commentary, but also stay current on what is trending in the legal community.
It is important to highlight that social media can provide lawyers with cost-effective marketing for those lawyers or law firms who wish to avoid using expensive marketing companies. Signing up for outlets like LinkedIn, Facebook, Instagram, Twitter, and TikTok is free and has the option for additional paid promotions at a relatively low cost when compared to other marketing techniques. Moreover, these platforms are easy to use and provide lawyers with the opportunity to create informative and compelling content as well as promotional content. These platforms provide an outlet where a lawyer can provide credible and valuable content to assist and aid the general public.
A lawyer must be careful to not use language that could form an attorney-client relationship or unintentionally provide legal advice. As the use of social media increases, lawyers must regularly attend to their digital identity regardless of any reputation issues. To protect their practice and reputation, lawyers should limit access to their private social media accounts and be sure to expressly state that their general content is not intended to form an attorney-client relationship. By limiting the number of people that view the content that may be shared, lawyers lower the risk of unintentionally violating any ethical rules.
Platforms like LinkedIn, Facebook, Instagram, Twitter, and most recently TikTok have embedded themselves into the success of people’s professional lives. As a lawyer, the use of social media is helpful as a marketing tool, but equally as harmful. Lawyers must take the time to educate themselves on social media platforms not only to promote their own business ventures, but to maintain a solid reputation within the legal community.
Student Bio: Megan Fistori is a second-year law student at Suffolk University Law School. She is a staffer on the Journal of High Technology Law. Megan received a Bachelor of Arts Degree in Political Science and Justice Studies from the University of New Hampshire.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
