Social Media

Clients, Lawyers, Judges and Juries in 2014

Eastern District Federal Public Defenders’ ConferenceMay 16, 2014

Bo ThompsonRaleigh

Why should lawyers and judges talk about using social media?

There is a broad audiencefor social media posts:

Current clients (individual, corporate) Prospective clients

Opposing parties & their lawyers Current partners & associates & colleagues

Former employees Summer clerks and interns (1Ls today were born in 1991)

Judges Jurors

Courthouse staff The lay public

The press/news media Your professional liability carrier

The State Bar

Defining Social Media

Social Media – Definition

Facebook over time

End 2004 1MEnd 2005 5.5MEnd 2006 12MApr. 2007 20MOct. 2007 50MEnd 2009 350MEnd 2010 608MEnd 2011 845MSept 2012 1.01B

Facebook:

Facebook averaged 584 million active users each day in September 2012

In the same time frame, ~604 million Facebook users accessed the site from a mobile device each month.*

Technological advances promote social media ease & use

The legal landscape haschanged over time

Social Media categories1. Clients’ use and potential evidence

2. Lawyer use as marketing

3. Judges’ use and familiarity

4. Jurors’ use

http://www.snapchat.com

Social Media categories1. Clients’ use and potential evidence

2. Lawyer / law firm use in marketing

3. Judges’ use / familiarity

4. Jurors’ use

Lawyers are using social media from the first moment they are licensed to practice in N.C.

Lawyer Post

Another lawyer’s post dealing with current and prospective clients

Another post about current clients and pending cases

Another post about pending litigation

A post about a pending matter

Current proceedings

A post about pending litigation

Social Mediain the Courtroom

Social Media categories1. Clients’ use and potential evidence

2. Lawyer / law firm use in marketing

3. Judges’ use / familiarity

4. Jurors’ use

Ex parte communication

Ex parte communication

Social Media categories1. Clients’ use and potential evidence

2. Lawyer / law firm use in marketing

3. Judges’ use / familiarity

4. Jurors’ use

Jurors & social media

Once it’s out there, it’s out there…

Current clients (individual, corporate) Prospective clients

Opposing parties & their lawyers Current partners & associates & colleagues

Former employees Summer clerks and interns (1Ls today were

born in Judges Jurors

Courthouse staff The lay public

The press/news media Your professional liability carrier

The State Bar