Online Networking: Negotiating Your Own Levels of Risk
(disclaimer, right: this is not the sky; photo by NilsGeyland)
Check out C.C. Holland's Law.com article Mind the Ethics of Online Networking about ethical problems that might arise if you use Linkedin, Facebook and the like to build your legal or neutral practice.
If you're risk averse, Holland and lawyers she interviews advise caution.
First, Why Do Those of Us Who Use Social Networking Sites or (Gasp!) Blogs, Take the Risks.
Holland identifes a handful of internet lawyer pioneers, including your faithful blogger.
Colin Coleman, a business attorney in Needham, Mass., uses the networking site LinkedIn to build professional relationships and make introductions. Beverly Hills, Calif.-based Victoria Pynchon, who recently launched a commercial-litigation mediation practice, likes the way Facebook mimics a neighborhood and allows people to get to know her. And Southern California entertainment lawyer Richard Jefferson maintains a MySpace page to ensure his clients consider him cutting-edge.
While their focuses are different, all three attorneys share one trait: They've recognized the value of these social-networking sites to help support and expand their businesses.
Early adopter attorneys are clearly at the forefront of a new networking movement. At the same time, these pioneers are blazing ethics trails into previously uncharted territory.
Gee, I Didn't Feel as if I Was "Blazing Ethics Trails into Uncharted Territory."
O.K., I sound a little bit like a jerk when I'm quoted as saying
I'm a pretty ethical person and I'm not risk averse -- that's why you buy malpractice insurance. I don't let fears of liability keep me from doing anything."
Particularly when it's followed by Holland's comment that "most standard malpractice policies would not cover an ethical or disciplinary violation regarding an advertisement or communication to potential clients."
I'd meant to conclude that remark with advice given me long ago: that good relationships with your clients is the best guard against malpractice. Even so, as Holland correctly notes, if I'm violating ethical rules, neither good client relations nor malpractice insurance will protect me.
And what I don't know can hurt me. From Holland's article I learn that:
the LinkedIn site . . . testimonials -- e.g., "Jane is a fabulous attorney who really knows her stuff" . . . [run afoul of] . . . the California rules governing advertising and solicitation [unless the testimonial-carrying page] contains an express disclaimer.
My LinkedIn testimonials are primarily from attorneys for whom I've provided mediation services. Though of course they all differ, each offer the opinion that I'm a pretty darn good mediator. Here are a couple of edited examples:
I have had the pleasure of using Ms. Pynchon on several high dollar (and some low dollar) mediation sessions. While the amounts in controversy varied, her results were always great. Did she mediate a settlement in every case - no (but she's come pretty close with a 90% track record). . . . Overall, for my tough cases, I always call Vick[ie] first [because] I know that Vick[ie] can find a way to reach compromise when others will give up or run out of creative options. . . . July 13, 2007
Top qualities: Great Results, Expert, Creative Tappan Zee
hired Victoria as a Attorney in 2005, and hired Victoria more than once
Ms. Pynchon is a brilliant mediator. Not only does she have a natural talent for mediation, but she is committed to improving her skills through hard work and study . . . which translate into the ability to quickly analyze the facts and law of a case and then be able to talk to the attorneys and the parties knowledgeably. I recommend Ms. Pynchon without reservation.”Top qualities: Great Results, Expert, Creative Lilys Mccoy
hired Victoria as a Mediation in 2005, and hired Victoria more than once
So I should disclaim these by saying, for instance, that although these lawyers thought I did a great job "results might vary and side-effects could include nausea, dizziness, upset stomach and irritation"?
I don't mean to make light of the issue, but I've never found disclaimers of any sort of much use to anyone. And other than Tappan's comment that I generally resolved about 90% of his cases, these are all opinions as to quality, not representations of fact.
Still, I do have a disclaimer on this blog, warning my readers that:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
I suppose that's all I really have to say on my Linked In and FaceBook pages and I guess I'd better do so. Today, in fact.
But d'you think I really need to say that the photo on those sites is two years old when I was twenty pounds lighter?
