Ethics of Lawyers on Social Media: Guidelines and regulations that govern lawyers’ online behavior

Kristen G. Niven | Frankfurt Kurnit Klein & Selz PC

Kristen G. Niven is an associate in the Litigation Group at Frankfurt Kurnit. She is recognized by Best Lawyers in America in the 2024 “Ones to Watch” edition for Commercial Litigation.

Ms. Niven advises emerging and established companies and law firms as well as individual clients in a wide variety of matters, including commercial litigation, intellectual property disputes, and legal ethics and professional responsibility issues. She has successfully handled matters in a wide range of industries, including technology, law, hospitality, real estate, and retail. Ms. Niven is an experienced appellate advocate and has handled and argued appeals successfully before state and federal courts.

Ms. Niven is committed to providing pro bono representation and has represented clients in administrative appeals and immigration matters. Prior to joining Frankfurt Kurnit, Ms. Niven was a litigation associate at Akerman LLP and an associate in the professional liability and legal ethics group at Hinshaw & Culbertson LLP. She is admitted to practice in New York, the United States District Courts for the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second Circuit.

Chessie da Parma | Frankfurt Kurnit Klein & Selz PC

Chessie is an associate in the Litigation Group at Frankfurt Kurnit. Ms. da Parma advises companies and individuals in a wide range of disputes, including commercial litigation, intellectual property matters, and professional responsibility issues. While in the UK, Ms. da Parma represented major lenders and UK clearing banks in both consumer and commercial litigation matters.

Prior to joining Frankfurt Kurnit, Ms. da Parma was a litigation associate at TLT LLP based in Bristol, UK, and worked at a litigation boutique in New York. She is admitted to practice in New York, as well as England and Wales.

I. The Intersection of Social Media and Legal Ethics | 1:00pm – 1:15pm

• Exploring the ethical considerations surrounding social media use in the legal profession
• Discussion on the challenges posed by social media platforms in maintaining legal ethics standards

II. Ethical Guidelines and Regulations | 1:15pm – 1:30pm

• Existing ethical guidelines and regulations governing lawyers’ use of social media
• Key principles such as confidentiality, competence, and advertising in the digital age
• Understanding the implications of Model Rules of Professional Conduct and state bar regulations

III. Navigating Ethical Minefields on Social Media | 1:30pm – 1:45pm

• Identifying common pitfalls and risks for lawyers on social media platforms
• Strategies for maintaining professionalism and adhering to ethical standards online
• Practical tips for managing online presence while upholding ethical obligations

IV. Building a Professional Online Presence | 1:45pm – 2:00pm

• Crafting a professional online persona while maintaining authenticity
• Best practices for lawyers in leveraging social media for networking and client development
• Strategies for engaging with the public and demonstrating expertise within ethical boundaries

Break | 2:00pm – 2:10pm

V. Social Media Side-Gigs and the Rise of the ‘Lawfluencer’ | 2:10pm – 2:20pm

• Considerations for developing legal commentary or lifestyle presence ancillary to the practice of law
• Navigating conflicts of interest around sponsorships and paid advertisements
• Best practices for circumscribing informed opinions from professional practice

VI. Ethical Considerations in Client Communications | 2:20pm – 2:30pm

• Examining ethical considerations when communicating with clients via social media
• Safeguarding attorney-client privilege and confidentiality in digital communications
• Guidelines for responding to client inquiries and managing expectations online

VII. Mitigating Risks and Responding to Ethical Violations | 2:30pm – 2:40pm

• Strategies for mitigating risks and minimizing reputational harm in the digital realm
• Developing protocols for addressing ethical breaches on social media platforms
• Ethical obligations in reporting and responding to misconduct by other legal professionals online