Many of us remember the admonitions given when we began practice: Confidentiality is paramount, and what is said in the office does not get repeated at home or elsewhere. These fundamental lessons still apply, even in the age of social media. Similarly, rules of professional responsibility governing advertising, solicitation and communications with those represented by counsel apply in the case of social media as well, to name just a few.
The recent suspension of a Nebraska attorney for what he said to a client on Facebook reminds us of the application of the Rules of Professional Conduct to social media and the inherent risks. So does last month’s ABA opinion 477, permitting client communications over the internet provided that the attorney “has undertaken reasonable efforts to prevent inadvertent or unauthorized access” to confidential information, which requires a lawyer to know and use security measures to protect electronic communications. The case law, and opinions of authorized disciplinary and bar ethics committees, are speaking to these issues with increasing frequency. Amazingly, lawyers still fail to adhere to basic principles.
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