Blogging, Tweeting or Other Comments
Conflicts arising from Social Media and Technology Usage
The attorney-client relationship does not have to involve a face-to-face meeting or a signed engagement letter. An attorney-client relationship could be inadvertently formed if a client “reasonably relies” on what they believe to be the attorney’s legal advice through social media. It is possible that a short blog, tweet or other social media comment could expose a firm to liability or conflict a law firm out of a big case.
Risk Management Tips:
- Do not post anything on social media that could be viewed as providing legal advice. This includes avoiding providing one-on-one advice, soliciting more information, or expressing legal opinions online.
- Develop strong disclaimers to make it clear that no legal advice is being provided by the social media post and that no attorney-client relationship is formed.