Attorneys & Social Media: Ethical Opportunities, Precautions, Traps & Disasters


Re-Broadcast on May 2, 2017

Increasingly, attorneys are using social media for business and personal reasons, even as the platforms themselves change and evolve. Lawyers should be aware of the benefits and pitfalls of the use of social media within the practice of law as part of basic professional competence; they should also understand social media to be able to properly guide and advise their clients.

This seminar applies to all attorneys who use, are tempted to use or who interact with those who use social media, regardless of practice area or employer, and regardless of whether the attorney uses social media to engage in advertising or client communications.

Key topics to be discussed:

  • Connecting and communicating with clients, former clients or other lawyers on social networking sites
  • Writing about an attorney's own cases on social media sites, blogs or other internet-publishing based websites
  • Commenting on or responding to online reviews or comments
  • Self-identification by attorneys of their own “specialties,” “skills” and “expertise” on social media sites
  • Reviewing third-party endorsements received by attorneys on their personal or law firm pages
  • Communication with clients
  • Using social media as sources of information about cases or other matters
  • Client use of social media, and lawyer oversight
  • Document preservation
  • Regulatory risks
  • Social media of adverse parties, counsel, and experts
  • Accessing social media of represented persons, unrepresented persons, witnesses and experts
  • Pretexting

Date / Time: May 2, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.



jack-marshallJack Marshall is the president and founder of ProEthics, Ltd., and the primary writer and editor of the ethics commentary blog, Ethics Alarms. He has taken the experience gleaned from a diverse career in law, public policy, academia and theater and applied it to the field of legal, business and organizational ethics. Over 18 years he has developed more than 180 programs for bar associations, law firms, Fortune 500 companies, non-profit organizations, trade associations and local and national government agencies. In addition, he has worked to develop rules of professional responsibility for attorneys in emerging African democracies through the International Bar Association, for the new judiciary of the Republic of Mongolia through USAID, and as ethics counsel to US law firms. With Pulitzer Prize-winning historian Edward Larson, he compiled and edited The Essential Words and Writing of Clarence Darrow (Random House, 2007).

A member of the Massachusetts and D.C. Bars, Mr. Marshall has been on the adjunct faculty of the Washington College of Law at the American University in Washington, DC. Marshall is a graduate of Harvard College and Georgetown University Law Center. His articles and essays on topics ranging from leadership and ethics to popular culture have appeared in numerous national and regional publications, and he has appeared on a variety of talk shows to discuss ethics and public policy, from Neil Cavuto’s “Your World” to NPR’s “Tell Me More” and “Religion and Ethics Weekly.” In 2014 Marshall was named to the “Top 100 Thought Leaders in Trustworthy Business” (

He is also an award-winning stage director, and founded and for 20 years was the artistic director of The American Century Theater, a professional non-profit theater company dedicated to producing classic American plays. He lives in Alexandria, Virginia with his wife and business partner, Grace Marshall, their son Grant, and their Jack Russell Terrier, Rugby. Like many who are interested in the nature of good, evil, justice, and chaos, Marshall is a lifetime fan of the Boston Red Sox.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 2.00 – AK
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CLE 2.40 – CO
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CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
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CLE 2.00 – ND
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CLE 2.00 – NH
CLE 2.40 – NJ
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CLE 2.40 – NY
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CLE 2.40 – OK
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CLE 2.00 – TX

CLE 2.00 – UT
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CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).

myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Warm-Up Hypothetical: The YouTube investigation

Section II. Introduction: The wonderful, horrible world of social media

Section III. Ethics tools and tips for the social media-using attorney

Section IV. Four interactive hypotheticals exploring multiple issues in
advertising, research, personal use and collaboration

Section V. Recent developments