While most attorneys recognize the value of social media in promoting their practices, attorneys do not always apply the same level of care when using social media in a supposedly personal capacity. However, recent developments make clear that attorneys may not be able to simply take their attorney hats off and ignore their ethical obligations when using social media.
Indeed, a recent ethics opinion issued by the District of Columbia Bar observed that “[s]ocial networking sites, and social media in general, make it easier to blur the distinctions between communications that are business and those that are personal.” D.C. Ethics Opinion 370. This is especially true where an attorney intends to use social media for personal purposes but nonetheless identifies the name of her or his law firm (e.g., in a Facebook profile or Twitter biography).
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