Lawyers' online acts have consequences
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To help her colleagues spot and ultimately steer clear of the career pitfalls of social media, chat rooms, message boards and blogs, Pennsylvania attorney Jennifer Ellis has developed a popular online continuing legal education course called, "I'm Begging You -- Please Don't be an Idiot on the Web."
Ms. Ellis, a Montgomery County consultant who specializes in the intersection of ethics and technology, does not suggest avoiding such forums altogether. However, it's important to realize that dangers abound for lawyers on the Internet.
She represents part of a growing cohort of legal professionals helping their peers learn to navigate the Web ethically, safely and intelligently, and she has amassed a colorful collection of the mistakes that lawyers around the country have made, to serve as warning to others.
Some of the violations Ms. Ellis cites are beyond the pale, such as the California lawyer who posted an ad on Craigslist for a secretary and then explained to a job candidate via email that she would have to have sex with him as part of the interview.
The job seeker reported the incident to the bar association.
Then there was the government lawyer who logged on to Twitter during the occupation of the Wisconsin state capital over collective bargaining rights. This attorney, most likely off duty, heard on the news that law enforcement officials had set a deadline to clear the rotunda of protesters, possibly armed with rubber bullets.
The lawyer tweeted that the police should use real bullets. He lost his job, Ms. Ellis said.
"When you're on the prosecution side, you should not be suggesting harmful or illegal behavior. Lawyers have an obligation beyond that of the general population to comport ourselves in a certain way."
Jim Singer, a strategic counselor on intellectual property with Philadelphia-based Pepper Hamilton LLP, recalled the case of a Florida man who advertised on Craigslist that he was a law student and would answer legal questions for $5. The Florida State Bar contacted the student and insisted he remove the post because -- bargain or no bargain -- non-attorneys can't give legal advice.
First Published October 10, 2011 12:00 am
