Training Course Syllabus:

Ethics and Social Media: What Attorneys Need to Know Seminar

Protecting Yourself From the Ethical Implications of Social Networking

In recent years, Facebook, YouTube, Twitter, LinkedIn and others have become ethical minefields for attorneys. Many social media “acts” are raising eyebrows in bar associations across the United States and leaving many attorneys scratching their heads in confusion. With new regulations and rules in place and new questions raised, the ethics “line” has become blurred. Uphold your ethical reputation and equip yourself with the tools you need to remain out of hot water in this Web 2.0 war. Register today!

• Learn the newest state and ABA rules and regulations that surround social media.
• Become skilled at setting up and managing ethical professional and personal social media accounts for you and your firm.
• Analyze the ethical ramifications of e-discovery and mining social media for information about parties, jurors and witnesses.
• Get the facts about Facebook, Twitter, LinkedIn and YouTube advertising rules.
• Explore how to uphold ethical attorney and client relationships on Facebook.
• Discover the ethical consequences of designating yourself as a “specialist” or “expert” on LinkedIn.
• Find out who it's safe to “friend” and who you must avoid.
• Learn what status updates can put you in ethical hot water and whether it's okay to post information about clients, opposing counsel, cases or the court.
• Gain the knowledge you need to know if your social media account has been hacked.
• Explore the top liability pitfalls you need to avoid.

1. Ethics Rules and Regulations Surrounding Social Media - What Applies?
   8:45 - 9:15, Carol Nemeth Jovin
   1. State-Specific Regulations
   2. ABA Rules and Regulations
   3. Liability and Ethics Pitfalls
   4. Recent Case Law
2. Advertising and Solicitation Rules in Social Media
   9:15 - 9:45, John Hoover
   1. What's Considered Impermissible Puffing? What's Considered Advertising?
   2. Professional vs. Personal Accounts - Do Different Rules Apply?
   3. Is Using Social Media to Build Relationships and Engage in Discussions Considered Advertisement or Solicitation?
   4. Facebook Profiles and Advertising Rules
   5. LinkedIn - “Specialist” or “Expert” Designation Ramifications
   6. Twitter Advertising Rules - What's the Difference?
3. Proper Social Media Conduct
   10:00 - 10:30, Patrick A. Ziepolt
   1. Setting up and Managing Ethical Professional and Personal Facebook Accounts
      1. Key Steps to Creating Company Facebook Accounts
      2. Enabling Proper Account and Privacy Settings
      3. Personal Facebook Accounts - Is It Safe for an Attorney to Have One? Safety Steps to Put in Place to Protect Yourself
      4. Whom Can You “Friend” on Facebook Without Putting Yourself in Ethical Danger?
      5. Setting Clear Boundaries with Client “Friends” on Facebook
      6. Facebook Status Updates - Can You Post Any Information about Clients, Opposing Counsel, Cases or the Court?
   2. Setting up and Managing Ethical Professional and Personal Twitter Accounts
   3. Keeping your “Tweeting” Ethical - Examples of Good/Bad “Tweets”
   4. LinkedIn Accounts - Top 5 Things You Must Avoid
4. Putting Formal Social Media Policies in Place at Your Firm
   10:30 - 11:00, Judy L. Woods
   1. Why Your Firm Needs a Social Media Policy
   2. Content of Social Media Policies
   3. Practical Considerations When Implementing a Social Media Policy
5. Ethical Boundaries of Discovery in Social Media
   11:00 - 11:30, Sarah C. Jenkins
   1. Pretexting - Is it Okay to Ask a Non-Lawyer Assistant to "Friend" an Unrepresented Witness?
   2. Mining Social Media for Information about Case Parties, Jurors or Witnesses
   3. Researching Private vs. Public Social Media Accounts - What's Ethical?
   4. Uncovering Juror Social Media Misconduct and What to Do about It
6. Client Confidentiality Breaches
   11:30 - 12:00, Judy L. Woods
   1. Threats to Maintaining Client Confidences - Inside, Outside, Electronic and Non-Electronic
   2. Taking Proactive Steps to Avoid Being Hacked or Otherwise Breaching Client Confidences
   3. Mitigating the Damage When Client Confidentiality Has Been Breached

Seminar Summary:

Uphold your ethical reputation and equip yourself with the tools you need to remain out of hot water in this Web 2.0 war. (see full course description)

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