As the use of
social media by attorneys and clients continues to grow, so do the ethics
issues facing lawyers. In response, the Commercial and Federal Litigation
Section of the New York State Bar Association has updated its Social Media Ethics Guidelines to assist
lawyers in understanding these social media challenges.
are a litigator, transactional attorney, in-house counsel or attorney who uses
social media to communicate, blog, or solicit business, you should know the
risks and benefits of social media use,” said Mark Berman (Ganfer & Shore),
chair of the Commercial and Federal Litigation Section. “The latest edition of
the Guidelines continues to lead the
New York State Bar Association efforts in this regard.”
in 2014, the third edition of the Guidelines
follows the structure of its predecessors, and contains new guidance on
attorney advertising, responding to online reviews, and potential conflicts
regarding an attorney’s social media posts.
edition reflects and references, both in revised text and footnotes,
developments in case law and ethics opinions from around the country. The latest version also aims to
help lawyers by providing a new appendix of key social media terms and descriptions
of popular social media platforms.
version of the Guidelines is the
first since 2015. The section’s original 2014 version received national
recognition and has been cited in ethics opinions of other bar associations. The
section’s Social Media Committee is co-chaired by Ronald J. Hedges (Dentons)
and Ignatius Grande (Hughes Hubbard & Reed).
intent of our committee in issuing these Guidelines
was to make it easier for attorneys to comply with the various ethics opinions,
which have been issued over the past 10 years addressing social media,” said
Grande. “We are proud of the impact that the Guidelines have had not just in New York, but throughout the
The Guidelines, which are advisory, are
available at www.nysba.org/SocialMediaGuidelines17.
The 72,000-member New York State Bar Association is
the largest voluntary state bar association in the nation. It was founded in 1876.
Contact: Christian Nolan