A recent advisory opinion issued by the Florida Bar should serve as a cautionary tale to lawyers who list certain practice areas as “expertise.” A lawyer can only list an expertise if the lawyer is certified by the Florida Bar, the ABA or another state bar association with certification standards comparable to those of the Florida Bar. While a gray area remains – what about non-board certified areas such as e-discovery? – those of us who use LinkedIn should update our profiles in light of this recent opinion.
By Abbey Kaplan
On July 1, 2012, Kluger Kaplan launched a blog and revamped its social media presence. A year later, I took a few moments to reflect on how the ever-changing landscape of social media has helped our firm grow its business.
Although Kluger Kaplan opened its doors in 2009 as a new firm focusing on complex commercial litigation disputes, our membership is composed primarily of veteran lawyers who began practicing law long before the days of Facebook, Twitter and WestlawNext. But building the Kluger Kaplan brand was a new experience for many of us who had found legal success through grassroots marketing efforts.
Last week, the ABA issued an opinion judges’ use of social media sites such as Twitter, Facebook and LinkedIn. While the opinion acknowledges judges can and should use social networking sites, the opinion cautions judges to be sure that their online actions do not suggest they are not impartial. However the opinion does not necessarily require judges to disclose a social media connection, instead cautioning the judiciary to consider whether the connection must be disclosed.
Monday’s DBR featured an article about social media and the evidence that it might create. Social media is proving to be a hot source for evidence in litigation. My partner, Jason Marks, previously blogged about using social media in the family law context on the Kluger Kaplan blog. But what about social media and commercial litigation?
There are two general areas where evidence may exist in the social media context – the company’s social media pages and in the pages of its employees. For example, a business may have its own Facebook page, Twitter handle, a LinkedIn profile and perhaps an Instagram or Pinterest account. In addition, each employee, at all levels of the business, is likely active on at least one or more of those social media outlets.