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If You're Not on Facebook, You're Committing Malpractice

By Josh King

Imagine you're cross-examining a witness about a phone call, but you've never used a telephone before. Ridiculous, right? But is it any different than wading into a new client matter where social media communications are at issue without having ever used social media?

Social media has become a ubiquitous part of how people communicate today, and it is incumbent on attorneys to understand this new technology in order to know how clients and witnesses express themselves. Like it or not, the pace of technological change is accelerating. It's no longer OK to sit back and rely on the same communications modes that existed when the ink on your bar certificate was still wet. This is true not only to continue providing excellent client service; it's also necessary to avoid malpractice and stay on the right side of the ethics rules.

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