Chapter 9 - Legal Writing: Motions, Notices, & Briefs



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9.11

Social Media

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    • Social Network Ahead

    SOCIAL MEDIA ISSUES

    There are many potential legal issues that could involve the use of social media by a paralegal (or a client).

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  • Defamation (Libel or Slander)
      It may be tempting to “go negative” about a person or situation with which you are involved personally or professionally, but there can be consequences. As a paralegal, you could be an easier target for a claim of defamation. Even if what you are saying is true, remember that truth is not always a defense to defamation. Do not talk trash about clients, co-workers, bosses, or opposing law firms. Nothing good can come from it. And do you really want to be part of the ugly side of the Internet?
  • Trade Secrets
      If you work for an attorney who represents companies involved in sensitive information, it is tempting to brag about the next big thing, like a cool product or new entertainment project, that is coming soon. That would be unwise and could get you fired. Even identifying a client the firm is representing could fall into this category.
  • Reputation
      If your personal social media presence could be considered unprofessional, that could affect your reputation within the industry. Fair or not, a law firm or company may not want to expose itself to attack for the indiscretions of an employee online. Because it is not only your reputation that is at stake. It is your employer’s reputation, as well.
  • Unauthorized Practice of Law
      Giving your opinion is a large part of the attraction to social media. The problem for a paralegal is that if that opinion is even closely related to the law, or to any legal matter, there is a risk the paralegal will be engaging in the unauthorized practice of law.
  • Privileged Communications
      No area of concern is as great for the paralegal as that of privileged communications. You may work as a perfect employee for years, even decades, but a single breach of client confidentiality can end your employment with that firm. Best policy: Never discuss work on any social media platform.

     

     

    RELATED LINKS > > >

Review the following links for related articles and information.
  1. 10 Tips for Avoiding Ethical Lapses When Using Social Media (americanbar.org)
  2. Social Media Litigation? 5 Reasons to Choose a Social Media Investigator Over a Paralegal (boscolegal.org)




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