The FCBA Professional Responsibility Committee will sponsor a CLE on Monday, May 18 from 6:00 – 8:15 p.m. entitled “Staying Virtuous in the Virtual World: Social Media and the Ethical Lawyer.” This program will be held at Morgan, Lewis & Bockius, LLP, 2020 K St. NW, Washington, DC.
AGENDA
6:00 – 6:05 p.m. Welcome and Introductions
Confirmed speakers:
Hope C. Todd, Legal Ethics Counsel, District of Columbia Bar
James McCauley, Legal Ethics Counsel, Virginia State Bar
Daniel Schumack, Partner, Schumack Ryals PLLC, Fairfax, VA
Moderators:
Jeff Kosseff, Associate, Covington & Burling
Gregg P. Skall, Partner, Womble, Carlyle
6:05 – 6:55 p.m. Pitfalls in Using Public-Facing Social Media
The panelists will discuss how the ethics rules apply to Internet-based applications like Facebook, Twitter, LinkedIn, list-serves, and blogging, including:
- What is social media in context of this CLE?
- The lines between regulated advertising and personal posts.
- The lines between allowable advertising and violations.
- Bad Press: dealing with negative or defamatory postings, or negative ratings, within the bounds of the ethics rules.
- Endorsements, ratings, and testimonials: limits on giving, receiving, soliciting, or using.
6:55 – 7:05 p.m. Break
7:05 – 7:50 p.m. The Dangers of Mixing the Personal and Professional for Lawyers and Their Clients
The panel will discuss problems with providing informal advice social media or in acting rashly by e-mail, particularly in the context of a contested matter, including:
- Inadvertent rendering of advice or solicitation.
- Organizing online crowdsource funding to solicit donations for specific legal work on behalf of an individual or groups.
- The take down: deleting that improvident message (remedial measures v. secretion of evidence).
- Use of social media to research opposing counsel or parties
7:50 – 8:15 p.m. Issues of Constitutional Magnitude
The panel will discuss the risk of discipline in states where the lawyer is not licensed and potential free speech defenses in a disciplinary inquiry, including:
- How to determine which jurisdiction’s ethical rules apply.
- How to avoid the unauthorized practice of law when responding to queries from people in jurisdictions where you are not licensed.
- The reach of the ethics rules into the attorney’s personal life on the Internet.
- Posting comments about judges, ALJ’s or FCC Commissioners.
- Involvement in campaigns or protests for industry, political or social causes.
- The role of the First Amendment in the lawyer’s right to personal expression.
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