Social Media Policy

Justice Ginsburg: But I’m a cheerleader! (Or was, back in the day.)

* Justice Ginsburg was a hottie back in the day (as well as a cheerleader, aka a “Twirler”). [Josh Blackman's Blog]

* “When a Juror Calls You a Motherf*cker” (or, how not to get out of jury duty). [New York Personal Injury Law Blog]

* Professor Edward Morrison returns to Columbia Law, after a very short stint at U. Chicago — maybe he missed his fabulous Lawyerly Lair in Manhattan? [Columbia Law School]

* Speaking of CLS faculty members with multimillion-dollar townhouses, congratulations to Sarah Cleveland on her nomination to serve as an independent expert on the Human Rights Committee. [Columbia Law School]

* After getting a cease-and-desist letter, this Maine bakery renamed the controversial treat “C&D” — well played, Little Bigs Bakery, well played. [WMTV.com]

* In the wake of the latest “no cleavage” memo, which made the pages of the New York Daily News, Amanda Hess conducts a comprehensive survey of this odious genre. [Slate]

* Social media isn’t a panacea, but it can be important and useful, and lawyers should use it responsibly — so check out these new Social Media Ethics Guidelines for Attorneys. [New York State Bar Association]

It’s got to be annoying for judges when lawmakers write laws that are designed to be so freaking vague that courts will be forced to fix them once the inevitable lawsuits come around.

Florida lawmakers are trying to make your Facebook account safe from your boss who wants to get his or her Orwellian hands all up in your personal business. The legislation prohibits employers from demanding your social media passwords as a condition of employment.

BUT… the business lobby has been able to force an amendment that still allows employers to demand your passwords if your account is used for a “business purpose.” What’s a “business purpose”? Nobody knows. It’s probably going to be whatever your boss says a “business purpose” is. Then, they’ll fire you, you’ll sue, and a judge will have to figure it all out, because the legislature couldn’t get its act together….

double red triangle arrows Continue reading “Wait Until The Courts Get Hold Of This Vague, Stupid Facebook Law”

Throughout 2013, along with our friends at Good2BSocial, ATL researched the social media practices of law firms. The research had three components: (1) a review of the websites and social media profiles of the Am Law 50 across all public platforms, including an assessment of each firm’s publicly available content as well as social reach and engagement (number of followers, comments, etc.); (2) a survey of the firms themselves regarding the extent to which they are currently using social technologies and practices internally; and (3) a survey of the ATL readership to glean the perspective of practicing attorneys and other legal professionals.

We are publishing the results of this research in two stages. Back in December, we published a white paper summarizing our findings and analysis. (Sign up here to receive a free download of the paper.) Our findings show that, while the majority of the Am Law 50 are established on the major public social media platforms, their presence often exhibits only a token effort. Generally speaking, there is little evidence that Biglaw is addressing the social media landscape strategically rather than using it as just another marketing channel for firm news and press releases. That said, some Biglaw firms are distinguishing themselves with the reach, engagement, and creativity of their social media efforts.

Today we publish the second component of our findings: our inaugural Social Law Firm Index, where we identify which specific firms are making the most effective use of social media…

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Can Biglaw solve this puzzle?

Most every law firm — including 100 percent of the Am Law 50 — maintains a Linkedin company page. Or rather, “maintains” such a presence on that most buttoned-up of all the social media platforms. A quick look at the LinkedIn pages of the Vault top 10 shows that only two firms bothered to change their page’s default setting to display “Services” rather than the inapt “Products” tab on the navigation menu. (Kudos to Kirkland and Debevoise!) This might seem like the most trivial of nits to pick, but aren’t these firms defined by fanatical attention to detail? Yet this nonchalance is emblematic of Biglaw’s unsettled relationship with social media.

We can safely assume that Biglaw’s old guard just wants social media to get off its lawn already, but what data we have strongly suggests that, as organizations, firms believe — or act as if they believe — that engagement with social media is worth doing (pace Brian Tannenbaum). When we examine the particulars of how they are managing this engagement, firms should hope that there is truth to Chesterton’s dictum: “If a thing is worth doing, it is worth doing badly….”

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This was the Twitter of Olden Times.

Seeing as law firms are among Earth’s last enthusiasts of Lotus Notes and fax machines, they can hardly be expected to be on the cutting edge of evolving social media technologies. As social media platforms and blogs were exploding over the last decade, most law firms did not engage. Firms continued to churn out the unread white papers and ignorable client alerts as part of their traditional marketing efforts.

This reluctance or skepticism has waned some in the last couple of years and given way to a wary appreciation of the positive role that LinkedIn, Facebook, blogs, and similar sites can play in marketing, recruiting, client support and internal collaboration. A 2012 survey of lawyers and legal marketers by ALM Legal Intelligence attests to this shifting attitude. The survey had some striking findings. Among them:

double red triangle arrows Continue reading “This ‘Social Media’ Thing Might Not Be A Fad, Law Firms Acknowledge”

I had mentioned a while ago in my very first ATL post that some of my work involves marketing. Well, some of that marketing involves social media. As the main social media lawyer for my business unit, I work with our strategic teams to figure out how to make the best use of social media technologies (e.g., Facebook, Youtube, blogs, smartphone apps, etc.). All within 140 characters at a time.

What’s it like? As lawyerly work goes, it’s fast-paced and feels kind of risky and cutting-edge. Kind of like Mission Impossible. You know, like if the movie had a lawyer character whose job it was to make sure that the Tom Cruise character signed a waiver every time he got a pack of explosive chewing gum. Really, even non-lawyers think this social media lawyering work is cool. Granted, the non-lawyers I’m talking about are sixty-year-old gamers who live at home with their mothers. But still!

There isn’t really a standalone body of “social media law,” so a lawyer who covers this area ends up being a sort of jack of few trades. Instead, law in social media involves work which falls into the following basic categories….

double red triangle arrows Continue reading “Moonlighting: What Is It Like To Do Social Media Work As A Lawyer?”

Four months ago, you revised your company’s policy on employees’ use of social media. The policy said all the right things: When employees use social media, they should respect the rights of others and treat people with dignity; obey the company’s code of business conduct; maintain corporate confidences; and so on.

Unbelievably, some recent communications from the National Labor Relations Board suggest that each of those provisions (except for the “and so on”) could actually cause your company some labor pains. Why?

Here’s the easy part: The National Labor Relations Act protects employees who engage in “concerted activities” for the employees’ “mutual aid or protection.” Those words apply across the workforce and are not limited to unionized employees. An employee acting solely on his or her own behalf is not engaging in “concerted activities.” On the other hand, consider an individual employee who is working with (or on the authority of) other employees, or is trying to induce a group of employees to act, or is bringing group complaints to the attention of management. The NLRA may protect all of those activities, and an employer may violate the NLRA if it maintains a rule that could reasonably “chill employees in the exercise of their” rights.

What does that mean for the three examples suggested in the opening paragraph of this post?

double red triangle arrows Continue reading “Inside Straight: Why Your Four-Month-Old Social Media Policy Is Obsolete”