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Using Social Media in Your Law Practice

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by Shawn Tuma on 6 June 2014

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Transcript of Using Social Media in Your Law Practice

Ethical Considerations Regarding Maintaining Client Confidences
Shawn Tuma, Partner
BrittonTuma
469.635.1335
stuma@brittontuma.com
@shawnetuma
blog: shawnetuma.com
web: brittontuma.com

Shawn Tuma is a lawyer whose practice is focused on cutting-edge cyber and information law and includes issues like helping businesses defend their data and intellectual property against computer fraud, data breaches, hacking, corporate espionage, and insider theft. Shawn stays very active in the cyber and information law communities:

D Magazine's 2014 Best Lawyers in Dallas
Chair, Civil Litigation & Appellate Section, Collin County Bar Association
College of the State Bar of Texas
Privacy and Data Security Committee, State Bar of Texas
Computer and Technology, Litigation, Intellectual Property Law, and Business Sections, State Bar of Texas
Information Security Committee, American Bar Association
Social Media Committee, American Bar Association
Cybercrime Committee, North Texas Crime Commission
International Association of Privacy Professionals

The information provided is for educational purposes only, does not constitute legal advice, and no attorney-client relationship is created by this presentation
Look to Rules for Email for Social Media
ABA Ethics Committee issued its Formal Opinion 11-459

"Whenever a lawyer communicates with a client by email, the lawyer must first consider whether, given the client's situation, there is a significant risk that third parties will have access to the communications. If so, the lawyer must take reasonable care to protect the confidentiality of the communications by giving appropriately tailored advice to the client."

2/15/14 New York Times: "Spying by N.S.A. Ally Entangled U.S. Law Firm"

Australian Signals Directorate spied on communications between Mayer Brown law firm and its client, the Indonesian government, regarding a trade dispute with the US

Offered to share info with the NSA
Ethics Opinion 384 (Sept. 1975)

Canon No. 4, Code of Professional Responsibility, states, "A lawyer should preserve the confidences and secrets of a client."

Disciplinary Rule (DR) 4-101 (A) states, "'Confidence' refers to information protected by the attorney-client privilege under applicable law," and "'
secret' refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.
"

DR 4-101 (B) provides that, except when permitted under DR 4-101 (C) that a lawyer shall not knowingly reveal a "confidence" or "secret" of his client.

Lawyers' duty to preserve client confidences
Social Media -
It's Easy to Share!
Business Intelligence - Somebody's Always Watching!
Ethical Considerations for Attorney Advertising
All of the rules that apply to "real life" communications apply to social media
Social Media?
http://www.texasbar.com/AM/Template.cfm?Section=Resource_Guides3&Template=/CM/ContentDisplay.cfm&ContentID=24352
Texas Disciplinary Rules of Profesional Conduct 7.03 & 7.05
When do the Texas Disciplinary Rules of Professional Conduct Apply?
If the purpose of the attorney's
"electronic communication"
, viewed as a whole, is to gain professional employment as an attorney, the TDRPC apply.
My reasons for using social media
increase knowledge and stay abreast of current developments related to your practice

share knowledge and help educate on the legal issues related to your practice within your
local community
online community
legal community
current & potential client groups

engage and discuss developing legal issues with other thought leaders in your practice area

develop and foster existing and future relationships
Don't be this guy!
hire me!
I really am so awesome!
look what I am doing!
I just totally rocked this trial, I will do that for your case too!
Blogs and other social media posts that are
educational
,
informational
, or
editorial
in nature are generally proper, even if they also help increase the attorneys' recognition
Remember, the TDRPC rules apply to everything online so ...
DON'T EVER BE THAT GUY!
Posts & status updates
bios
online profile
landing pages
shares & rt's
email
newsletters
recommendations
WHAT ARE YOU ON?
#ccba
Reasons to Use Social Media
1. Stay Informed, Knowledgeable &Competent
Texas Disciplinary Rule of Professional Conduct 1.01(a):
"A lawyer shall not accept or continue employment in a legal matter which the lawyer knows or should know is beyond the lawyer's competence, unless -"

ABA Model Rule of Professional Conduct 1.1:
the lawyer "shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."
2. Increase Visibility
local community
online community
legal community
current & potential client groups
3. Demonstrate Knowledge,
Capabilities & Expertise
4. Show Your Genuine Interest in Substantive
Practice Area & Industry
5. Create and Strengthen Relationships
6. Get Yourself Found on the Internet
My Own Case Studies
How?
Who?
What?
Where?
Why?
potential clients
referral sources
the best in your field
professional partners
potential promoters of you
people you can learn from
stalk them - learn about them
promote them
share, re-tweet, like, favorite, comment
talk to them
be nice
"TRIPLE R" = RELATIONSHIPS, RELATIONSHIPS, RELATIONSHIPS!!!
What do you share?
your own content
guides
blog posts
articles
presentations
updates
legal updates / cases / proposed laws
current industry related news
other thought leaders' content
information the "who" will read
What do you do?
Nature of each - cocktail party
Where are they?
Your Content = Everywhere
Family, criminal = Facebook!!!
Business = LinkedIn, Google+
Everyone = Twitter & LinkedIn
Keep Professional --> Professional
Same handles = your brand
Which Social Network?
www.brittontuma.com
www.shawnetuma.com
Shawn E. Tuma
d. 469.635.1335
m. 214.726.2808
stuma@brittontuma.com
@shawnetuma
Copyright 2014
Tips & Tricks
Twitter Lists
HootSuite
LinkedIn Groups
How to share a blog post on LinkedIn Groups
You need to be on here!
Credit: www.cordellblog.com/social-media/
#ccba
Need to prove you were somewhere?
Example
http://shawnetumadotcom.files.wordpress.com/2014/03/texas-business-guide-for-identifying-and-protecting-trade-secrets.pdf
download here
Example
download here
http://shawnetuma.com/2014/03/25/3-steps-for-obtaining-trade-secrets-in-discovery/
(for using lists)
Hootsuite
(re-sharing content)
Hootsuite
(sharing from web)
Thank you!
www.itcu.org
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