California attorney Michael Avenatti. Photo: AP/Mark Lennihan.

With the rise of Twitter, a new breed of tech-savvy, loose-lipped lawyers has emerged. They've banded together, forming legal communities like #LawTwitter, #TrialTwitter and #LadyLawyerDiaries, allowing attorneys to swap ideas, keep up with national case law and share war stories.

But it's not all peace and love in the Twitterverse. On Feb. 4, New York attorney Diego Aranda Teixeira aired his grievances against California attorney Michael Avenatti, tweeting, “OMG, Michael Avenatti CALLED ME AND HE'S CRAZY.” The post prompted a reply from Avenatti, who labeled Teixeira “a terrible lawyer.”

With the era of chatty lawyers in full swing, tweeters and non-tweeters render their verdict on whether the platform helps or hinders the legal realm.

According to Brian Cuban, Texas lawyer, author, speaker and activist, “Legal Twitter” is a powerful factor — and it comes with many positives.

Cuban has long advocated for better mental health, wellness and addiction recovery resources for lawyers, and says Twitter's legal subsets have spread the word about various problems and stresses, creating a space that reminds those affected they're not alone.

“We are starting to see a core group of Twitter users tweet around this topic, and hopefully #LegalWellness Twitter will become an important and permanent forum for those looking for information and resources on the topic,” he said.

That said, Cuban's witnessed lawyers lose their jobs or clients over a tweet.

“I've seen on more than one occasion an ill-advised tweet have a negative job impact, whether it's a lawyer or someone in another profession,” he said. “When I get involved in a heated discussion, I always try to take a deep breath and think three steps out on where my tweet could end up before I hit send.”

John G. Browning of Passman & Jones in Texas has written three books on social media and the law and said he's noticed the positive impact that Cuban's tweeting has had on the legal community.

“It is both increasing awareness and providing a much-needed forum for lawyers to share on a very important issue,” Browning said.

Though he's not much of a tweeter, Browning follows legal newsfeeds like Supreme Court Places. And in his opinion, The Florida Bar has the “least stuffy” Twitter handle of all bar associations.

But there are some cautionary tales to bear in mind, Browning pointed out.

In September 2018, New York lawyer Frank Aquila tweeted that White House Press Secretary Sarah Sanders should “rot in hell” for applauding a senator who defended Supreme Court Justice Brett Kavanaugh during his confirmation hearing.

Related story: Sullivan & Cromwell Partner Apologizes for 'Rot in Hell' Tweet After Kavanaugh Hearings

Texas lawyer Robert Ranco resigned from his firm in 2017 after tweeting that he would “be OK” if Education Secretary Betsy DeVos were the victim of sexual assault, following her department's Title IX policy reforms.

“It's great to have an active online presence,” Browning said, “But remember that even if you think that you're speaking out on a matter that's personal to you or in the news, people are always going to look first at the fact that you're a lawyer.”

David Oscar Markus of Markus Moss. Courtesy photo.

Miami criminal defense attorney David Oscar Markus writes the Southern District of Florida Blog and said his legal “blogosphere” has significantly shifted toward Twitter.

“It's a great platform for lawyers and legal news,” Markus said. “It's quick, timely, and in most cases, educational. Judges and lawyers from across the country are able to share legal developments as they happen.”

And he's noticed another plus.

“It's taught lawyers not to be so wordy,” Markus said. “These quotes are less than 280 characters.”

 

'Complaining into the void'

Another avid tweeter, Adrian Arkin of Mintz Truppman in Miami, opened up about past racial biases on Twitter on Feb. 2.

In Arkin's view, there's nothing wrong with lawyers engaging in healthy public discourse on any subject.

“The opportunity to have conversations with other lawyers and interact with the top legal minds is an extraordinary opportunity that should not be wasted,” Arkin said. “Of course, there is a difference between the exchange of ideas or opinions, and just complaining into the void.”

That said, Arkin urges lawyers to consider their client's needs before tweeting, because there's always someone watching.

“While most people are not on Twitter, the vast majority of publications and media are,” Arkin said.

That's precisely why Miami complex litigator Lawrence A. Kellogg said he stayed away. In Kellogg's view, cyberspace can be a judgmental place.

“It's very easy to sit behind a computer and a handle and say whatever it is you want. It's harder to do that face-to-face,” Kellogg said. “I tell young lawyers when they're fighting with other lawyers by email, 'Pick up the telephone, because neither of you will act this way when you're speaking to each other.' ”

When attorneys use Twitter for public flame wars, they can also run the risk of breaking ethics rules, according to Kellogg.

“ Any lawyer in Florida, for example, takes an oath that says they will abstain from all rude, disruptive, disrespectful and abusive behavior and will at all times act with dignity, decency and courtesy.”

 

Judges with handles

Texas Supreme Court Justice Eva Guzman. Courtesy photo.

But it's not just lawyers on the platform.

Texas Supreme Court Justice Eva Guzman joined Twitter when she ran for judicial office in 2009 and admits she was initially frightened of the Twitterverse.

“I was hesitant in the beginning but I think I have found a way to use it, and I try to be careful and mindful of our obligations as judges, what we represent and what the public expects and are entitled to from us,” Guzman said.

Guzman follows newsfeeds like #AccessToJustice and enjoys keeping up with other judges — particularly those who make her laugh, like Chief Michigan Supreme Court Justice Bridget McCormack.

“It's a light moment in what is otherwise a pretty intense profession,” Guzman said. “Also, they sometimes tweet about what's going on in their courts, and I find that exchange of ideas is helpful. They might cause you to think differently about what you're doing in your own court.”

The golden rule, in Guzman's mind, is to stay apolitical, remembering that judges serve people of all perspectives from every walk of life. Politics aside, if Twitter can help humanize judges for the general public, then Guzman's all for it.

“Is it so much different than going to a bar function and saying hello to everyone and engaging in conversation with them?” she said. “Ethically, I think those are the same boundaries, but there may be a temptation on Twitter to go beyond that. But I think most judges on Twitter do a really good job.”

Michigan Judge Qiana Lillard also tweets regularly, even posting about the Grammy Awards on Sunday night, and commenting in January that, “People tell me all the time I don't look like a judge even when I'm in my robe at official events.”

Lillard sees Twitter as a news source and networking tool but conceded that cyber fights are off-putting.

“Lawyers should know that we can disagree respectfully. That's the beauty of the legal profession,” she said. “People on opposite sides of an issue using the same law and facts to argue their respective position. It's important in all arenas, especially social media, that (this) be done with decency and professional decorum.”

 

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