Here is a another link to a discussion of how Twitter could run afoul of ethics rules. If you have an RSS feed on your Twitter page for “attorneys AND Minneapolis” and someone tweets you asking if anyone knows a good entertainment attorney in Minneapolis, if you as the entertainment attorney or are someone who recommends an entertainment attorney and you respond via Twitter, could you run afoul of ethics rules?
The ABA panel recommended either emailing a response back or Tweeting a response sending the person to your website and having them make an inquiry through the website. I’m sure these were “to be safe” requirements but above in the same summary, the panel suggested that these disputes were governed on a state by state basis and unless the particular state had an aggressive ban on solicitation, its unlikely responding via Twitter would pose a problem.
My suggestion? Create a online policy about how you interact with potential clients and post it to your website and explain how it conforms with your state ethics rules. Will this shield you from all harm? No, but given the fluid and confusing environment, being able to point to a well-thought out approach to online ethics would be a good start.