Social media: Be competent or face the consequence

Social media is a part of many lawyers’ daily lives. It’s how we get breaking news, share what’s important to us, express our opinions, and maintain our networks of friends and professional contacts. Social media is an extension of who we are. For law students and attorneys, the line dividing personal social media use and professional implications can be challenging to navigate in part because social networking technologies and platforms are constantly changing. We might expect rules and norms of professional conduct to apply to our online activity in the same way that they do to our in-person conversations. In many ways they do. However, social media makes lawyers more vulnerable to ethical violations in some concrete ways. Honing your social media competency is critical to avoiding professional quagmires and ethical snares in at least two realms: fiduciary duty to clients and conflicts of interest. Fiduciary duty to clients Lawyers have a fiduciary duty to…

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