E-Professionalism: The Global Reach of the Lawyer's Duty to Use Social Media Ethically

Abstract

We live in an age where technology is revolutionizing the practice of law. The recent American Bar Association Commission on the Future of Legal Services' Report on the Future of Legal Services in the United States ("ABA Future of Legal Services Report") published in August 2016, noted that "technology, globalization, and other forces continue to transform how, why, and by whom legal services are accessed and delivered." To meet the public's legal needs for access to justice "the profession must leverage technology and other innovations. Despite resistance to change, the legal profession is adopting technology, including social media, at a "staggering rate" as part of legal services delivery. Apart from physical interactions, lawyers now communicate electronically on social media sites such as Facebook, YouTube, and Twitter, with other lawyers, clients, and the public more generally in relation to their practice. They also use social media for private communication in their private spaces. The 2015 ABA Legal Survey Technology Report found that 76 percent of respondents' firms participated in social media or online communities. The Report found even higher use of social media by lawyers for personal reasons, with 84.5 percent of respondents having a presence on Facebook. Law students, too, are heavy users of technology including social media. Courts across the world use social media to communicate with the legal profession and the general public. In this article we particularly address the use of social media by the legal profession. Social media "includes an Internet-based service allowing people to share content and respond to postings by others." Social media "may be viewed via websites, mobile or desktop applications, text messaging or other electronic means." Examples of popular forms of social media include Facebook, Twitter, LinkedIn, Instagram, Snapchat, and other social media sites.