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:

    1. 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.
    2. 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.