Family & Juvenile
Law Section “Top 10’s”
Top 10 Reasons Lawyers Should be Wary of Social Media
Christina Markuski, Esquire
Goozman, Bernstein & Markuski in Laurel, Maryland
- Regret Posting on Facebook? Deleting the post does not mean that it's gone forever.
“Even after you remove information from your profile or delete your account copies of that information may remain viewable lsewhere to the extent it has been shared with
others, it was otherwise distributed pursuant to your privacy settings, or it was copied or
-stored by other users.”
- Friends with a Judge or Opposing Counsel on Twitter or Facebook?
"Carlton Terry Jr. ran into ethics problems because of social media. The North Carolina
judge was publicly reprimanded by the state's Judicial Standards Commission because
Terry became a Facebook friend of an attorney appearing in a case before the judge, and
the two men exchanged a few brief online comments regarding the proceeding." ABA
Journal, February 201I Issue, Seduced: For Lawyers, the Appeal of Social Media Obvious. It's Also Dangerous
- Did you switch your Linkedln account to anonymous? Anonymous might not mean the same to Linkedln as it does to its users. Linkedln has been having issues with
users staying anonymous.
- Avid Blogger?
"Kristine A. Peshek lost her job because of her use of social media. She was an assistant
public defender in Illinois who blogged about the cases she worked on. Because she
allegedly revealed confidential client information, Peshek was fired and then charged
with violating legal ethics." ABA Journal, February 201I Issue, Seduced: For Lawyers, the Appeal of
Social Media Obvious. It's Also Dangerous.
- Separate your personal life from work Create separate Facebook pages, twitter handle, and Law Blog for work only information.
- Put a Disclaimer at the top of your blog or Facebook page.
"When engaging on the web, it is absolutely critical that lawyers demarcate the difference
between sharable insights and actual legal advice - the two should never be confused by
followers or friends.')
- Make sure your Posts, Tweets or Blogs are not false or misleading thus violating Rules of Professional Conduct
MD Rule 7.1- can be tricky to apply to social media. Many social media
services are interactive; therefore the rule may require attorneys to police not only
what they post but also what their users post in reply.
- If you are not willing to get on a podium and publically voice your comments in
front of 500 hundred people including colleagues, judges, and strangers you
shouldn’t post or tweet the comment.
- Do not put any confidential information on any social media site. Period.
- Your posts, tweets, and comments are all connected to your name and your