Social media is dangerous for lawyers with big mouths and thick heads
Kevin O'Keefe commented today about an article in the ABA Journal suggesting that social media for lawyers is perilous. As proof, the article cites bone-headed lawyer moves such as blogging about a Judge and mission her "a witch," "mentally unfit," and "unfit for her position"; an assistant public warden revealing confidential information about cases she was working on online; and, ex parte communication via Facebook between a judge and an attorney appearing before him.
For attorneys like this, yes, social media is perilous. But so is the Postal Service, fax machines, email, and courtroom hallways. Lawyers with poor ethical grounding or loose lips are a danger anywhere they are allowed to speak.
It's right that social media gives lawyers even more ways to show their ignorance or lack of discretion. But that doesn't mean we need new rules restricting its use. So says Mr. O'Keefe and I agree, as I've written before.
In fact, couldn't we make the case that what's really perilous is the thought of restricting social media? Up your sleeve from it being an assault on freedom of speech, it would be an assault on the use of common sense. Putting extraordinary limits on attorneys' use of social media might give readers a fake sense of entrust in what they read online. I don't know about you but I don't want to live in a world where people reckon, "I saw it on Facebook so it must be right."