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Online social networking offers benefits, so long as the perils are identified, avoided

Authors: Gary Gosselin

Source: Michigan Lawyers Weekly. 04/27/2009.

Accession Number: L54479653MCLW

Database: Newspaper Source Plus

Story Type: News

Online social networks like Facebook and Twitter offer the potential to reach millions of people, but they also can be a trap for the uninformed.

Common sense is the key to using the sites, said Milford attorney Nicole C. Wipp, much like common sense is the rule in other social situations when people are likely to ask for free advice.

"Don't do it," said Wipp, a family law and criminal defense attorney who also offers small business services including instruction on Web and social network marketing.

And just as attorneys must take precautions and follow rules of conduct with e-mail and Web sites, the same concepts apply to electronic social media.

Outside of the traditional rules of ethics and professionalism, such as the Michigan Rules of Professional Conduct, there are no special rules governing the use of these tools, said Kalamazoo attorney John W. Allen of Varnum, Riddering, Schmidt & Howlett LLP.

Social networking generally should not present any issues from an advertising perspective either, said Allen, who served as chair of the State Bar of Michigan Ethics Committee.

He noted that if an attorney is considered to be soliciting broad groups of people through these networks, the question is, "Are you doing the equivalent of a mailer?"

And that's OK, he said.

Giving information can be harmful

Social networking sites allow -- or, rather, encourage -- users to post informal snippets about their lives, presumably to keep friends and acquaintances up to date and entertained.

One trap, Wipp said, is that some people become so involved with the online community they may inadvertently let slip information sensitive to their practice or a particular case. That could lead to confidentiality issues.

Another pitfall comes in accidentally establishing a professional relationship, Allen said.

In the course of an online "conversation," an attorney may answer questions of a seemingly innocent nature only to find themselves in a gray area of a client relationship -- namely, is there a relationship?

And, depending where the recipient is located, it may establish a relationship in a jurisdiction where the attorney is not licensed.

If the online recipient believes he or she is a client and was given advice, the lawyer may have picked up a client and be liable, Allen said.

There need not always be a written agreement; instead, it goes by what the "client" believed, based on the attorney's conduct.
"Because of its informality, its [casual nature], there are a number of people using [social networking] thinking they don't have to deal with the traditional rules of conduct," Allen said. "[It] poses all sorts of risks and dangers for the lawyer.

"Sometimes we are not as fast at mastering technology before we use it," he added.

Southfield attorney Donald D. Campbell said it's always best to consult an expert before venturing into Web advertising or in Internet-related professional activities.

"... Common sense is not enough; you need to know the rules," said Campbell, of Collins, Einhorn, Farrell & Ulanoff, P.C.
Advertising, for instance, while protected in Michigan as long as it's truthful, is viewed differently in other jurisdictions. In some states on the

East Coast, for instance, client testimonials are forbidden, Campbell said.

And even though Web sites and activity may be generated in Michigan, there is still a question of whether that state's rules prevail for those viewing the information elsewhere.

Additionally, according to the American Bar Association, many states have rules regulating real-time communications with prospective clients, including online chat and instant messaging.

Campbell is on the ABA Standing Committee on Ethics and Professional Responsibility. The group has been discussing Web rules and could soon have an opinion on Web activities.

He also said Michigan is looking at updating the 1983 communications, advertising and contact Rules 7.1, 7.2 and 7.3 of the Michigan Rules of Professional Conduct to more closely reflect the ABA rules last updated in 2003. No decision has been made.

Setting limits

Like so many Internet activities, people can, and do, become addicted to posting on the various sites, Wipp said.
Others don't want to be bothered at all.

"Like anything, it's a choice about how you spend your time," said Wipp, noting she's known people who have spent three hours at a single sitting.

There are more than 40 million users on Facebook alone, "So if you're not on it, you're missing out on a huge segment," Wipp said. "If you don't have 10 or 15 minutes, you'd better find it. The beauty is, it's free; this is free advertising."

The 35- to 54-year-old demographic has grown nearly 300 percent on Facebook in the last six months to about 7 million users, representing a huge target audience for attorneys. That age sector now comprises almost 17 percent of Facebook users.

Additionally, some view the informality of Facebook, LinkedIn and Twitter as a problem, Wipp said.

"These people are there for social use, and if you're just too formal, they will block you out or ignore you," she said. "It's really about having your name out there for goodwill; you don't have to be out there giving legal information or legal advice, but whatever is appropriate."
Posts shouldn't be too businesslike, "because it's boring," said Wipp, who posts links to interesting stories, business tips and local news items, as well as local and calendar event items -- including her own seminars, of course.

"I will see a kooky story somewhere, and I will share it," Wipp said. "It's not personal and it's not business but I get a lot of response; that stuff keeps people's interest."

People prefer dealing with those they know, like and trust, she said, and social networking sites are a good way to let a lot of people "know" who you are.

"A lot of people are leery of change," Wipp said. "But in the end, let's not be scared -- it is a very important useful tool, a way to keep your name front and center ..."

(c) 2009 Dolan Media, all Rights Reserved.