Lawyers, social media and disclaimers

Dana Schultz wrote this instructive handout on disclaimer issues for lawyers who are engaging in social networking.  I particularly think Dana’s analysis of the California rules of professional conduct as they relate to testimonials is extremely helpful. 

Dan explains that with LinkedIn you control whether a recommendation gets posted to your profile which would trigger the need for a disclaimer that this testimonial doesn’t guarantee a positive outcome in a client’s legal matter.  However, Avvo is different because the attorney can’t control what is said in such testimonials or even guarantee they will positive and so Dana would argue that CA Rule of Professional Conduct 1-400(E) doesn’t apply.


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