what part of social media do i legally have to provide to lawyer

Should law firms use social media?

• Lawyer use of social media and the ethical implications ... provide an excuse to procrastinate. ... – No specific legal advice given in social media postings, blogs or tweets. – Do not solicit confidential information. – Have a regular process for client intake – also helps ...

How do social media and criminal law interact?

Nov 26, 2018 · How Do Social Media and Criminal Law Interact? Volumes of legal analysis, commentary and opinion are currently being written about the role of social media in criminal law.Social media platforms like Twitter and Facebook are relatively new, but their implications in changing how people communicate and express themselves are deep and far-reaching.

What is social media-related law?

Feb 06, 2022 · In this comprehensive guide to social media for law firms and lawyers, we’ve done the research for you. From a step-by-step guide on the use of social media, via an in-depth look at Facebook and other platforms, we’ll cover everything you need to know to succeed with social media marketing. Let’s begin with a good question.

How do I manage social media accounts for my law firm?

Nov 18, 2018 · Social Media Censorship and the Law. Censorship is something that concerns Americans because it can stifle free expression, infringing on the First Amendment's guarantee of free speech. As debates, dialogues, and news reports increasingly take place on social media platforms like Facebook and Twitter, censorship practices on these sites have ...

Can lawyers look at your social media?

Social Media Discovery Issues. Most social media users have privacy settings activated, which prevents prying eyes from seeing everything they post. Anyone (including attorneys) can typically see if someone maintains an account, even if the contents are limited.Apr 5, 2016

What laws and or protections apply to social media?

Federal law prevents employers from discriminating against an employee because of their personal social media, and employers can legally terminate employees for a number of reasons that they may not truthfully disclose. "Employers may also use these platforms as informal background checks on a potential employee.Sep 27, 2021

What are the legal implications of social media?

These legal risks can be broken down into three broad categories: (1) potential liability due to a breach of the organization's security as the result of an attack originating through the use of social media; (2) potential legal risk associated with social engineering and spoofing attacks against users or “fans” of an ...Jun 11, 2011

What is legally considered social media?

Social Media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else's web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated ...

What is illegal to post on social media?

Social media posting Posting of someone's material that is not protected under those terms is considered illegal. It is illegal to adapt, re-use, or take someone else's content without their permission. You must obtain the creator's permission before posting their material on your site.

What regulations do social media accounts have?

There are several federal laws that touch on social media privacy concerns, including The Communications Decency Act (CDA) and The Children's Online Privacy Protection Act (COPPA).Aug 21, 2018

What are the top 10 social media legal issues?

Social Media Engagement: Top 10 Legal Issues and Risk Mitigation StrategiesSocial Media Policies. ... Be Familiar with Platform Rules. ... Employees. ... Celebrities – Handle With Care. ... Not Every Problem Post Must Be Addressed. ... Plan ahead. ... Influencers. ... Intellectual Property Rights.More items...•Dec 11, 2018

What legal issues do social media platforms raise?

Social media platforms provide a medium for online bullying and harassment. This can lead to claims of discrimination or constructive unfair dismissal as employers are vicariously liable for the acts of one employee against another in the course of their employment.Mar 5, 2019

What are the five laws of mil?

In summary they assert: (1) information/media are critical to civic engagement and sustainable development and equally relevant in all forms; (2) every citizen is a creator of information/knowledge; (3) information/media messages are not always value neutral and truth should be made understandable; (4) every citizen ...Feb 20, 2017

What is the new rules of social media?

India's IT, Law, and Justice Minister Ravi Shankar Prasad said that social media companies will be required to acknowledge takedown requests of unlawful, misleading, and violent content within 24 hours and deliver a complete redressal within 15 days.Jun 1, 2021

Do you think that legal restrictions on social media is necessary?

All Answers (5) no restriction on social media should be imposed unless it endangers national security or public order. Regression of any sort can change our behavior, rather sometimes prove counterproductive.

What does it mean to judge social media evidence?

This means weighing the value of the evidence to the case against the potential harm it could do to the person’s reputation.

What are photos used for in court?

Photos or videos of incriminating items (such as drugs, illegal contraband, money used in crimes, or weapons) may sometimes be used as evidence in court.

What is a military romance scam?

Military romance scams are a specific type of romance scam. In these types of scams, the scammer poses as active or military personnel.

What are the factors that judges assess in criminal trials?

When judges in criminal trials decide which pieces of evidence to accept, traditionally they have assessed factors like authenticity, reliability, prejudice, and relevancy . These measuring tools are not always easily applied to content generated by social media platforms.

Why was the mom's verdict overturned?

The mom was found guilty, but the verdict was later overturned because of discrepancies of use in the terms of service agreement. Another possible defense is that of coercion. If the person is forced to post certain materials on social media under the threat of harm, it might be used as a defense in court.

Who is Jose from LegalMatch?

Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

Can social media be used for criminal offenses?

Several kinds of criminal charges can arise from social media posts. Many of these are sexual in nature. Unwanted social media posts depicting heavily sexualized content can lead to investigations of sexual harassment, indecency, exposure, and creation and/or distribution of child pornography. Revenge porn sites can be grounds for criminal charges ...

How do lawyers use social media?

Lawyers can also use social media to build their profile within the legal community. By participating in social networks with other attorneys, you can stay up-to-date on what’s trending in your legal community, and even offer your own commentary to boost your thought leadership.

How does social media help a law firm?

Social media profiles can drive people to your law firm’s website—where potential clients can find the information they need to hire your firm. It’s a tactic that consumer brands have perfected.

Why is LinkedIn important?

It’s important to ensure your LinkedIn profile is an effective reflection of you and your firm.

Why do lawyers use YouTube?

Though it’s a less common choice for lawyers and law firms, a YouTube channel gives you the opportunity to share video content with subscribers. Video makes it easy to showcase your personality to viewers, helping them feel like they “know you” before they’ve met you—which can make potential clients feel more comfortable.

What is the most popular social media platform?

Facebook. With 2.38-billion monthly active users, Facebook is the most popular social media platform in the world—and it’s also popular among legal professionals, with overall use of Facebook growing to 63% in 2018, according to the ABA’s 2018 Legal Technology Survey Report.

Why is social media important for lawyers?

More than just a fun pastime, social media for lawyers can be a valuable digital marketing channel when it’s used strategically and you take the time to learn and adhere to ethics rules so you can stay compliant.

What happens when you scroll through Twitter?

As a result, when scrolling your Twitter feed, you can consume highlights and headlines for a wide range of issues in a short period. It’s instantaneous. Twitter gives you near-instant updates on news and information you need to know.

What are the platforms that dominate the social media industry?

However, platforms like Facebook, Instagram, Twitter, and YouTube dominate the industry, so there are not too many other places to go. The limited choice in social media platforms has raised unfair trade concerns.

What are the complaints about social media censorship?

Another complaint about social media censorship is the lack of transparency and consistency about the content that's taken down. Facebook addressed some of these criticisms by disclosing their specific rules for taking down content after it's been referred to their content moderators. The rules discuss topics including graphic violence, nudity, ...

Why are terms of service violations important?

Terms of service violations are not only important because they allow for the removal of content from a website, but the violations also trigger the Computer Abuse and Fraud Act.

What is the CFAA?

The Computer Abuse and Fraud Act (CFAA) is a broad federal law that criminalizes numerous activities related to computers and computer networks. The CFAA is not only a criminal law, but also gives private individuals and corporations the right to sue to recover damages. The Act forbids anyone from accessing ...

Why is censorship important in social media?

Censorship is something that concerns Americans because it can stifle free expression, infringing on the First Amendment's guarantee of free speech. As debates, dialogues, and news reports increasingly take place on social media platforms like Facebook and Twitter, censorship practices on these sites have become ...

Why are some posts removed from social media?

Social media companies engage in "content filtering" or "content monitoring." Sometimes footage or posts are removed due to reports from users who flag content that's considered inappropriate according to the rules of the site. Other content removal is based on newsworthy events.

What to do if you are censored on social media?

If you're impacted by social media censorship, then you should discuss your situation with an internet/social media lawyer right away. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

What happens if you contact a judge?

First, there is a record of your conduct. So, if you inappropriately contact a judge or juror, there is a record that will come back to bite you. Second, you risk coming away with a false picture; social media is a full of inaccurate information and perceptions.

Can social media research be used to find a jury?

Of course, social media research can provide useful and necessary insight into a jury, but it should be undertaken in an appropriate manner. Attorneys are normally prohibited from having contact with jurors, so a big pitfall with social media is whether the research can be characterized as a contact.

Can jurors use social media?

ES: Yes, the new secret weapon in jury selection is to use the internet to find out their political affiliations.

Is there a check on defamation claims in California?

However, there is a check on defamation claims in many states known as anti-SLAPP statutes. California has one of the most ex tensive. It is very, very tough to win defamation cases in California. For that reason, the various anti-SLAPP statutes have created and encouraged defamation forum shopping.

Can you keep social media accounts from being discovered?

SE: Privacy settings on social media accounts are not likely to keep relevant evidence from being discovered. Many courts have taken the position that if you posted a comment or a photograph to social media, despite the tightest privacy settings, the material is still discoverable. There are some exceptions.

Can you be ordered to produce a social media discovery?

If you put something out there on a social media platform and it is responsive to discovery and relevant to the litigation, it will likely be ordered produced.

Can a litigator advise the client?

Litigators can only advise the client of the duty to preserve evidence and hope that it sinks in. Similarly, the litigator has to tell the client to stay off of social media or tightly restrict it. Easier said than done in today’s world.

Which states do not require employees to disclose their social media passwords?

Other states that provide protection to job applicants and employees so that they do not need to divulge social media passwords or provide account access are Maryland, Virginia, and Illinois. However, employers can still conduct searches of information that is publicly available on social media. While employees may be concerned about employers ...

What are the most common social media sites used by employers?

Use of Social Media in Hiring. Over the past decade, employers have commonly used social media, including LinkedIn, Facebook, Twitter, Instagram, and YouTube, to gather information about prospective employees as part of their hiring process.

What is targeted advertising?

When an employer posts a position with its company by using targeted advertising, it may violate federal statutes such as Title VII of the Civil Rights Act or the Age Discrimination in Employment Act. It may also run afoul of state or local laws. This can give rise to claims of disparate treatment or disparate impact.

Why do employers use third parties?

This is to avoid obtaining information about a protected status so that the employer is shielded from certain legal claims.

Can a prospective employer be liable for job candidacy?

If you can show that your job candidacy was adversely affected by a prospective employer's social media search, when the search results included information about your activity off-duty or your protected class, the prospective employer may be liable in an anti-discrimination case.

Is social media a word to the wise?

Social Media - A Word to the Wise. If you are active on social media, it’s wise to always keep in mind that many employers will look at / search for public social media posts of a prospective employee. Be mindful in particular of anything you post publicly about your job or job prospects.

Can employers ask for passwords?

Around half of the states have enacted laws to stop employers from asking for password and username information from prospective employees or otherwise accessing portions of a prospective employee's social media accounts. For example, California law prohibits employers from asking for the social media passwords of their current or prospective ...

What is legal advice?

Some advice … on what’s legal advice. Lawyers like to talk about the law and often do so in social settings, in casual encounters with friends and acquaintances and on social media. It is human nature to chime in when you know something relevant to a discussion. However, in order to avoid the inadvertent creation of a lawyer-client relationship, ...

When talking informally with an individual who may have a legal problem, a safe course to follow is to answer

When talking informally with an individual who may have a legal problem, a safe course to follow is to talk in general terms about the area of law, without honing in on the specifics of the individual’s problems. If the discussion becomes too focused, the individual may form a reasonable belief that a lawyer client relationship has been established.

Social Media Law Compliance

• Under certain circumstances, tweets or updates to social media feeds can result in legal action. Freedom of speech only extends so far in protecting companies from claims of brand disparagement. Similarly, re-sharing content from other users can raise issues of infringement or plagiarism. To avoid social media legal issues, companies benefit from simple branding and so…

See more on klemchuk.com

Online Trademark Management

Online Reputation Management

Social Media Disputes and Litigation

Additional Insights Regarding Social Media Law