How can the use of social media affect attorneys

and their law firms?

By Arely Ramirez Diaz

Okantyka. (2016, January 27). Lawyers take notice [Digital image]. Retrieved March 1, 2017

Introduction
With the advancement of technology our generation can obtain information in a click. Today many
small law firm owners can benefit from advertising through social media platforms like Facebook.
The use of social media in law firms can create growth in business, provide engagement, and
promote quick client service. Social networks could also provide credibility for litigation attorneys
since the users tend to be more honest on their postings, pictures or pin their location. In page four
we will discuss example on how a couples racial posts influenced district attorneys disposition.
Even though the use of social media can be beneficial attorneys must keep in mind that the use of
social media can impact their jobs if they do not keep in mind the model rules and professional
ethics.
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How can the use of social media affect attorneys and their law firms?

Grow business
There is no surprise that most thriving attorneys use some sort of social media platform to reach
to their prospective clients in a way that it has not been done before. Block states, [T]hese tools
have direct impact on consumer attitudes and decision making. Social media, which has
shown dramatic growth over the past few years, is especially important for small businesses
because it can be utilized to break through the clutter, and connect with customers (As cited
in Jones, Borgman, Ulusoy, 2015). With the use of social media, websites such as Facebook and
Instagram make it easier to advertise and connect with new clients through their likes. These
websites provide the users suggestions on who to follow based on their likes. Websites use an
algorithm simplifies the process for attorneys to target their specific audience to increase their
clientele.
In 2015, the American Bar Association collected a report from 966 lawyers from the United States
who have adopted social media (Shields) in figure 1 illustrates law firm social media presence
taken from that

figure 1 Shields, A. (2015). Blogging and Social Media [Digital image]

The ABA does state that the higher percentage of the LinkedIn usage tend to be from the larger
firms involved with professional clients and in the other hand, solos gravitate more toward
Facebook because more solos practice in consumer-oriented practice areas, and their audience is
more likely to participate on Facebook than on more corporate platforms like LinkedIn.
(Shields, 2015) Law firm owners should be mindful of their clients and involve themselves in the
social media platform that will increase their clientele. For law firms to successfully expand their
business it is important for them to adapt to their clients choice of marketing. If law firms are
involved with corporate clients they should consider being involved with the professional social
networking site LinkedIn. However, small firm owners who are involved with the general public
should consider sites such as Facebook where the audience can engage and promote their firm.

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How can the use of social media affect attorneys and their law firms?

Engagement
With a high percentage of solo attorneys gearing towards Facebook due to participation of their
clients, attorneys should keep in mind that the engagement should be mutual. Mentkowski states,
attorneys who were more personally engaged and active with their social media tool reported
being successful in growing their business with social media (2016) with the updates that
Facebook has provided its users it allows attorneys to create events to increase their client
involvement.
Furthermore, attorneys can interact with current clients and reach more audiences through the
Facebook live feature. Facebook describes its live broadcasting as, the best way to interact with
viewers in real time. Field their burning questions, hear what's on their mind and check out their
Live Reactions to gauge how your broadcast is going. (2016) the live feature is created so that
its users can live-stream their activities. This feature would be perfect for attorneys to create
seminars for their current and potential clients without having to meet at a physical location.
Figure 2 shows how Facebook live allows attorneys to broadcast in real time and answer clients
questions and feedback asked in the comment section. Features as such not only provide with an
increase of principle-agent relationships, but it also lowers the cost of advertisement.

Figure 2 Facebook. (2016). Facebook Live.

Social Media and Court findings

Additionally, attorneys are turning to social media for case investigation. Figure 3 illustrates the
American Bar associations finding of reasons for social media use. Laura Diss states, [M]any
individuals are unusually honest on social media sites, and often post pictures and comments about
illegal or provocative activities that can be used to undermine their credibility in litigation. Parties

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How can the use of social media affect attorneys and their law firms?

may post information or pictures that contradict their claims. (2013, p. 1844) The social media
networks essentially can aid attorneys create evidence for desirable outcome in litigation cases. In
their CNN article about a recent trial of a Georgia Couple who were sentenced to several years in
prison due to their racists threats made at a childs birthday party, Mayra Cuevas and Ralph Ellis
state,
After the arrests, investigators looked through the defendants' Facebook accounts, the
statement said.
"Law enforcement was able to locate numerous posts and messages indicating that
members of the group were white supremacists who discussed attending KKK rallies,
joining Skinheads Nation, and making numerous derogatory remarks about African
Americans as a whole," the DA's statement said.
The users postings provide a perfect example on how social media has been used to influence a
District Attorneys jurisdiction.

Figure 3 Shields, A. (2015). Blogging and Social Media [Digital image]

Risks of using social media

Growing a business, engaging with clients, and using social media for court findings are all the
positive effects of social media interaction between attorneys and their clients, but lawyers must
keep in mind that there are Model Rules of Professional Conduct that they must abide by when
finding and using information. Brielyenne Neumann provided an example of Kristine Peshek, an
assistant public defender who got fired for posting information about her clients and judges on her
legal blog saying,
Peshek referenced her clients by their first names or by their crimes and trials. Peshek wrote
this stupid kid is taking the rap for his drug-dealing dirt bag of a brother because hes no
snitch My client is in college. Just goes to show you that higher education does not imply

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How can the use of social media affect attorneys and their law firms?

that you have any sense. Peshek also criticized judges on her blog, calling one an
ahole and another judge clueless. (2014)
In addition to being fired, if attorneys misuses their social media networks they will cause a
negative impact on the those affected.
In Facebook is now friends with the court, Megan Uncel talks about how there could also be
possible breaches of professional ethics that attorneys could break in some courts by searching
social media posts. She speaks of the challenges of using social media as evidence if judge is from
an older generation. Additionally, Uncel states that there is legitimate risk that the witness will
erase all the comments from his [social media profile] upon receiving the request (2011, p.53)
which can create obstacles for attorneys and clients. Attorneys should keep in mind that social
media cannot always be a reliable source to obtain evidence and may be doubted by those from
different generations.

Conclusion
The use of social media can help grow your business, provide client engagement, and make court
findings. Websites such as Facebook allow attorneys to advertise, connect with new clients through
the websites algorithm, and provide advertising without having to spend money. The newest
features from websites like Facebook also allow attorneys to connect with a larger audience, thus
helping their business grow. These websites can also create evidence that can be used during trials.
Attorneys also must keep in mind the risks of using social media to prevent any model rules or
ethics to be broken.

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How can the use of social media affect attorneys and their law firms?

Works Cited
Cuevas, M., & Ellis, R. (2017, February). Georgia couple sentenced for racist threats at child's
birthday party. Retrieved March 01, 2017, from http://www.cnn.com/2017/02/27/us/georgia-
couple-confederate-flags-threats/
Demers, J. (2016, April 26). Facebook Live: Everything You Need To Know. Retrieved
February 22, 2017, from http://www.forbes.com/sites/jaysondemers/2016/04/26/facebook-live-
everything-you-need-to-know/#1b6d98e47a82
Diss, L. E. (2013). WHETHER YOU "LIKE" IT OR NOT: THE INCLUSION OF SOCIAL
MEDIA EVIDENCE IN SEXUAL HARASSMENT CASES AND HOW COURTS CAN
EFFECTIVELY CONTROL IT. Boston College.Law School.Boston College Law
Review, 54(4), 1841-1880. Retrieved from https://search-proquest-
com.liblink.uncw.edu/docview/1664537586?Accountid=14606
Facebook. (2016). Facebook Live. Retrieved February 21, 2017, from https://live.fb.com/about/
Jones, N., Borgman, R., & Ulusoy, E. (2015). Impact of social media on small
businesses. Journal of Small Business and Enterprise Development, 22(4), 611-632. Retrieved
from https://search-proquest-com.liblink.uncw.edu/docview/1732337162?Accountid=14606
Neumann, B. (2014). The 21st Century Online Carnival Atmosphere: Ethical Issues Raised by
Attorneys' Usage of Social Media. Georgetown Journal of Legal Ethics 27(3), 747-764.

Uncel, M. (2011). "FACEBOOK IS NOW FRIENDS WITH THE COURT": CURRENT

FEDERAL RULES AND SOCIAL MEDIA EVIDENCE. Jurimetrics,52(1), 43-69. Retrieved
from http://www.jstor.org.liblink.uncw.edu/stable/23239803
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