Athough social media sites are a powerful marketing tool for attorneys, attorneys must always be cognizant of the implication of social media on ethics rules.  Below are five tips for avoiding ethical dilemmas through your use of social media:

1. Never blog about, reference, or discuss a client matter.  This ties into Rule 1.6 Confidentiality, which states that “A lawyer shall not reveal information relating to the representation of a client . . . .” 

1. Never offer legal advice.  This is a sure way to inadvertently create an attorney-client relationship.  You can create an attorney-client relationship on much lesser grounds than by a formal retainer agreement.  In fact, courts have even stated that if the client believes there is an attorney-client relationship, then it exists.  Avoid doling out legal advice online which could cause you to inadvertently create an attorney-client relationship. 

1. Don’t solicit clients through social media.  Rule 7.3 states that a lawyer shall not solicit professional employment through real-time electronic contact, unless the person contacted is a lawyer, has a family, close personal, or prior professional relationship with the lawyer.  This Rule applies to social media too.

1. Avoid ex parte communications.  Rule 4.2 and Rule 4.3 prohibit attorneys from communicating through social media with parties represented by other counsel and unrepresented persons.

1. Don’t call yourself a specialist.  Do not state “specializing in BLANK law” because it violates Rule 7.4.  Although you can communicate the fact that you practice in certain areas of law, you can only hold yourself out as a “specialist” under very narrow circumstances. 

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