As with most of the population, the use of social media by lawyers in the conduct and market-ing of their legal practices has been “trending” up.1 Although well-established ethical rules apply, some social media activity may introduce new twists to the rules’ interpretation or raise issues that a lawyer may not have considered before posting that tweet or blog. There is growing attention to the ethical issues raised by lawyers’ use of these tools. Just recently, for example, the American Bar Association approved a number of changes to its Model Rules of Professional Conduct to address the impact of technology on the way lawyers work.2
The ABA’s Model Rules offer guidance, but are not binding on New York practitioners. As every New York lawyer should be aware, New York’s lawyers are subject to the state’s Rules of Professional Conduct (the Rules),3 which have been in effect since April 1, 2009. The Rules directly, and by interpretation, provide guidance that applies to the evolving use of social media by lawyers. This column discusses some ethical rules that lawyers should consider when employing social media to “promote” their legal practice. However, it is worth noting that ethical determinations are always sui generis and the decision on how best to proceed in any given matter must be made by the attorney based upon the individual facts and circumstances that he or she encounters.
Confidentiality
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