Lawyers’ Social Media Horror Stories
We’re getting mixed messages from the mainstream media. Just last week, Bloomberg told us Facebook and social networks are good for lawyers:
“Online networks are a fantastic tool for identifying expertise in the fields in which general counsel are looking to rein in outside counsel,” Eugene Weitz, an in-house attorney at Paris-based Alcatel Lucent, said in an interview. “Experts bubble up who have the ability to show their knowledge online.”
Some lawyers show a little too much online, though. That can get them into trouble. It can get them reprimanded by the bar, fined, or fired. This weekend, John Schwartz of the New York TImes did a nice round-up of lawyers’ Facebook fiascos.
Some “no-nos” when it comes to online behavior, after the jump.
Here are some things good lawyers don’t do, courtesy of the New York Times:
- Don’t go on your blog and call your judge an “Evil, Unfair Witch.” Florida attorney Sean Conway wrote about a post about Judge Cheryl Aleman over at JAABBlog, and the First Amendment did not come to his rescue. He was reprimanded by the Florida bar and fined.
- Don’t blog about the details of your cases and clients, and refer to the robed one as “Judge Clueless.” Illinois assistant public defender Kristine A. Peshek used her blog, “The Bardd [sic] Before the Bar - Irreverant [sic] Adventures in Life, Law, and Indigent Defense,” as an outlet for 19 years of pent up resentment (excerpts here). It brought more release than she intended. When it was discovered, she was fired.
- If you’re on a jury, don’t blog about it. It can get you suspended from practicing and fired AND fined $14,000, like Frank Wilson of California.
- Don’t ask the judge to suspend your trial for a funeral, if you’re actually planning on partying all week. Especially if the judge is your Facebook friend and gets your partying status updates. Texas Judge Susan Criss will tattle on you to the American Bar Association, though she will leave your name out of it.
The New York Times does note that lawyers are not the only ones to get into trouble online. Chief Judge Alex Kozinski of the Ninth Circuit was involved in controversy over off-color material on his family web server that was (inadvertently) accessible to the public. And we wrote earlier this year about North Carolina judge Carlton Terry Jr., who was reprimanded for ex parte communication with defense counsel via Facebook wall.
Have you had any Facebook faux pas impact your legal work? Add to the horror stories in the comments.
A Legal Battle: Online Attitude vs. Rules of the Bar [New York Times]
When Talking Smack About a Judge, Proceed With Caution [WSJ Law Blog]
(25) Comments
Comments
I'm so FIRSTY!!
I plan on getting fired for posting first.
Bronze please.
Real lawyers have no friends.
ATL sucks these days. Post something juicy.
Are you even supposed to volunteer information during voir dire?
Facebook, Schmacebook....I write demeaning things about lawyers and judges on the bathroom walls, in spraypaint. Old school stylee.
proofread much?
PE's Facebook page says that he is a fan of Aqua Velva, jai alai, Merlin Olsen and clams casino. A true Renaissance man.
PE's Facebook page says that he is a fan of Aqua Velva, jai alai, Merlin Olsen and clams casino. A true Renaissance man.
My Laws 1 professor said we couldn't facebook in class. But he didn't say we couldn't watch the Ugly Betty season premiere, October 9th at 8 pm, biotches!
We should bomb Facebook back to the stoneage.
-SEC SECure
PE has been speaking in a sinister, heavy Mexican accent all day. He just stuffed two pairs of sweat socks down his crotch and approached several associates returning from lunch. He accosted them with a refrain of 'Be my friend, be my friend."
It's stories like these that set social media back in this profession. Baby boomers will continue to view Facebook and Twitter askance, despite the sites' powerful and cheap marketing potential. www.Goodsharks.com
8 - What errors do you see?
John Roberts, Thomas, Sclia and Alito are ALL unfair evil witches.
And Mitch McConnell is a douche.
Nothing good from facebook. All my judicial impropriety and ex parte communication goes on in the casual encounters section of craigslist. Judges like it up the ass too, you know.
"We’re getting mixed messages from the mainstream media [re: social networks]" --?????
Who said blogging crap about your current cases and judges was a good idea? Or would ATL consider the support of hybrid car technology and the condemnation of using a hybrid car to run over your spouse by the same source sending "mixed messages"?
Any moron who posts this kind of crap on social networking sites deserves fired.
14-
Goodsharks is an oxymoron. And lawyers don't need your $10,000 marketing classes to learn how to use Facebook, Twitter, and other Social Media to market their practices. What do you think we did in law school for three years?
16 - I thought you died a couple weeks ago..? Stay in the dirt please.
I was disgusted when my divorce attorney friended me on FB. It's bad enough that I paid for his kid's year of tuition at NYU.
I predict that the MPRE will begin asking questions about social media sites and the rules of professional responsiblity.
Nice Post, Really informative.
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I currently have someone constantly asking me to join groups about saying no to bottled water, caring about the environment, and all that. Simultaneously, EVERY status update by this person, which occur every two or three days, are about her near-constant pleasure trips back and forth from LA, Europe, and other points requiring air travel. Stop preaching to me while creating a carbon footprint the size of Montana.