Facebook, Social Networking Websites

The Lawyer's Guide To Facebook Etiquette

Because some lawyers don’t appreciate that they’re representing the profession in everything they do, here are some guidelines for you to use on Facebook.

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Gary J. Ross

Gary J. Ross

I like Facebook. It’s been great getting back in touch with (some) people, seeing other sides to folks I know from work or the home life of friends I know from social events, finding out about celebrity deaths just a few minutes after the next-of-kin, and getting hourly page Like or Candy Crush requests. I’m a little jealous of kids growing up these days, because it would have been neat to have been able to keep in touch with kids I met on church trip bus rides all those years ago or the people I shared a coffee with during long layovers in various airports. (I wonder if that cute girl from Space Camp would be jealous if she saw where I am now: answering calls from clients 24/7, pulling all-nighters and then catching up on sleep during operas, staring at people vacantly when they try to talk to me about something other than work or sports. Yep, I’m sure she’d feel like she missed out on a good one.)

I even enjoy the Facebook arguments. Like everyone else, I have friends from various points of my life, and the people I knew growing up in Memphis who went on to become successful businesspersons have very different points of view than my friends from law school who now work for advocacy organizations on the coasts. I like seeing all the different kinds of people mix it up. I think it’s funny when I post a benign update (“my shoelaces are too tight”) and get busy with work or go on a long run and when I log back on I see there are something like 38 comments because someone took it in a political direction (“Everything is tight these days, but what did you expect after eight years of Bush?”).

I expect wacky Facebook posts from a lot of people, yet it’s troubling when I see it from lawyers. (Of course, if you happen to be one of my Facebook friends, there’s no way I could be talking about you. I’m talking about other people’s Facebook friends.) As lawyers, we should hold ourselves up to a higher standard. We should be thoughtful. We should be discerning. We should be trustworthy. One of the best referrals I’ve gotten in the last couple of years came because a fellow attorney told a wealthy investment banker that I was a “careful attorney.” I don’t think this friend of mine would have said that if I were sharing blatantly false Facebook items willy-nilly.

Maybe some lawyers don’t appreciate that they’re representing the profession in everything they do. Maybe it’s because they just don’t know any better. Maybe it’s because up to now there have been no rules for lawyers on Facebook. Maybe some guidance is needed. Maybe it’s time for…

The Lawyer’s Guide to Facebook Etiquette

Don’t make it personal. In our non-electronic life, I hope we can all disagree with another person, particularly fellow attorneys when we’re working, without making it personal. Most of us negotiate something or other every single day — and as we get more senior, negotiating becomes more of the focus of our value, since junior attorneys typically get stuck with drafting.  Hopefully you’re not taking every negotiation tactic personally.  Likewise, if someone posts they think Bernie Sanders’s tax plan would be good/bad for the U.S. economy, there’s no reason to immediately hit back with some ad hominem comment that the person has a pea brain. (Ignore this rule if someone posts they’re a Red Sox fan.) Just say why you disagree.

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Construct the argument. Display at least some understanding of how to construct an argument. I mean, we’re lawyers. We’re supposed to be good at thinking logically. Supporting your point of view does not mean TYPING IT IN ALL CAPS. Instead, lay out your argument. For example, one argument could be, “Donald Trump loves his sons. His sons love to kill exotic animals. Therefore Donald Trump loves to kill exotic animals.” Is there a flaw in that argument? Sure. But at least you’re giving folks a snapshot of your reasoning. Otherwise you’re just provoking the ad hominem attack.

Turn on spellcheck. Because you could have the best argument in the world, but if you misspell one word, the people who disagree with you will laser-focus on it. So don’t misspell any words. Ever. And if you don’t know how to turn on the spellcheck on Facebook, Google “[your browser] & spellcheck.”

Know what “unconstitutional” means. Know what a court is saying when they rule a law is unconstitutional. It doesn’t mean they don’t like it.  Say your state passed a law saying all law firm partners had to say only nice things to associates. No more, “I’ve had summers do better work,” or “Did you trade places with someone on your way in today?” Maybe back when I was an associate, I would have thought that was great. But I’m pretty sure that would be unconstitutional. So if a judge declared such a law unconstitutional, it doesn’t necessarily mean she is in favor of law firm partners saying un-nice things to associates. (Think the judges in Washington who ruled against charter schools wouldn’t send their kids to a charter school if they had the opportunity?) It just means the government can’t legislate against such private actions. You should really be able to grasp the gist of what unconstitutional means, no matter what kind of law you practice.

Never use “That is all.” That’s like using “clearly” in a legal brief. I once had a judge tell me if it was clear we wouldn’t be here! Perhaps your post was just so devastating that you completely reversed how half the people in the country feel about the issue, making each one of them question how they were raised and their innermost values. But let’s face it: probably not. And if no one takes the bait and responds to your argumentative post, it doesn’t mean you’ve settled the debate for all time. It probably just means no one wants to spend the next two hours of their day going back and forth with you. Imagine that.

Tell us what you think. You had three years of law school plus however many years of being a lawyer. Maybe you even had a life before law school. Court cases and crimes and legal and illegal shenanigans are all over the news. Give us your take! Join the conversation! Don’t be shy. There’s no glory in being a lurker.

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Never say “I’m right because I’m a lawyer.” If you feel you have superior knowledge of an issue, show it, don’t say it. Which is going to be more convincing? That’s like a lawyer on the other side of the table telling me “that’s market practice” as if it’s going to end the negotiation. I don’t care whether it’s market practice or not if you can’t explain the reasoning behind it. Use your superior lawyerly powers of persuasion to explain to your Facebook friends why you’re right.

Never post about a client. Even if you think you’ve successfully masked the client’s name, odds are someone will figure out that “dismemberedmember” means your client John Wayne Bobbitt. No matter how humorous or frustrating the situation with your client and how much you’d love to share it, it’s not worth the cheap thrill of having a popular status update or a bunch of kudos from the people you went to summer camp with 20 years ago. (Fortunately, I rarely see anyone posting something negative about a client.)

Don’t post idiotic privacy notices.  It breaks my heart when I see a lawyer post one of those. Listen to Staci.

Verify before sharing. I know we’re all busy, and hey, you’ve just got to share that list of statistics that seem oh-so-perfect in encapsulating why the last eight years have been the best/worst ever. But maybe instead of 15 posts a day, you could get by with only 10 posts a day, and for those 10, with the time you’re saving, you could spend the 20 to 30 seconds it takes to Google “[subject item] snopes” (or WaPo Factchecker) and see what pops us. Wouldn’t you rather develop a reputation as trustworthy?

That is all.

Gary J. Ross opened his own practice, Jackson Ross PLLC, in 2013 after several years in Biglaw and the federal government. Gary handles corporate and compliance matters for investment funds, small businesses, and non-profits, occasionally dabbling in litigation. You can reach Gary by email at Gary.Ross@JacksonRossLaw.com.

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