Socially Responsible Lawyers: Why You Need to Understand Social Media to Competently Represent Your Clients (Part 1)
Social media creeps into the practice of law in many ways. We must be cognizant of our own use of social media and that of our clients.
September 18, 2024 at 11:08 AM
6 minute read
Social media—we love it, we hate it, we can't get away from it. It can be a minefield, filled with dangers and risks and opportunities to create problems. However, it cannot be avoided in the ethical practice of law. When we think about social media and the practice of law, we often think about the problems attorneys and clients create for themselves by using social media in irresponsible ways. However, it is equally important for attorneys to know their obligations to understand social media and even to use social media in connection with representing clients. Pennsylvania Rule of Professional Conduct 1.1 requires attorneys to provide competent representation to a client. "Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." To be competent, a lawyer is expressly required to understand and use technology:
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. See Pa. R.P.C. 1.1, Comment [8].
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