Attorneys discuss social media benefits, pitfalls

Before Jennifer Bukowsky went to the Social Media Club’s monthly breakfast meeting to talk about her use of online networks to promote her new business, she posted on her Facebook page: “Any ideas for how BukowskyLawFirm could gain Twitter followers prior to my speech to the Social Media Club on Tuesday at 7:30 a.m.?
More than a dozen friends sent her comments, many with helpful suggestions such as creating a Facebook event targeted at Twitter users.
The next morning, Bukowsky told club members that when she opened the law firm on Walnut Street across from the Boone County Courthouse last year, the Yellow Pages had just gone to print, and she was unable to buy an ad.
The Yellow Pages are still the primary means of advertising for attorneys.
But Bukowsky pointed out: “If you got arrested, where would you go to find an attorney? Probably not the Yellow Pages.”

Bukowsky had to find alternative ways for people to know her firm existed. Social media turned out to be her answer. “I need two things: I need to be an excellent attorney, and I need people to know it,” Bukowksy said. “Social media is the perfect place to leverage things that give you credibility.”
Social media has been so successful for Bukowsky that she has decided the Yellow Pages are no longer a necessary expense. “Yellow Pages don’t provide value for the cost,” she said. “I can’t justify spending that amount of money on them.” Bukowsky gets a lot of her business through referrals from other attorneys, so to her being in the Yellow Pages doesn’t make sense.
Bukowsky focuses most of her social media efforts on maintaining relationships with attorneys and creating relationships with new ones. “The more they know me the more likely they are to refer people to me,” she said.
Social media makes it easier for Bukowsky to keep up with her relationships. “It gives me the opportunity to learn more about someone and get to know them better,” she said.
Sarah Read of the Law Offices of SJ Read said social media is relatively new to the legal profession. She also cautions there are certain risks for lawyers using social media.
Lawyers have to maintain a higher level of confidentiality than most professions. Attorneys don’t have to use names or specific details to break confidentiality.
“Lawyers have been disbarred for breaking confidentiality on social media,” Read said. “Social media is less formal; it can be inviting to say things you shouldn’t say.”
She also warns that because of the personal nature, Facebook presents a higher risk than professional sites such as Linkedin.
Social networking is about relationships. Because of this, Read said it’s important to disclose who your Facebook friends are, whom you are Linkedin with and other online connections you have. There have been instances nationwide of lawyers “friending” and talking to judges on Facebook while cases are being tried. In 2009, the Florida Judicial Ethics Advisory Committee issued an opinion stating that judges and lawyers could not be Facebook friends because it creates the appearance of a conflict of interest.

Bukowsky agrees that separating personal and business channels can be difficult. She never discusses cases or anything related to client work. Instead, Bukowsky focuses on getting her personality traits that make her a good attorney across.
On Facebook, Bukowsky keeps her connections updated about her activities ranging from service on boards of directors to her competing in Dancing with the Stars. She also shares personal information such as photos of her children and her opinion on current events. Bukowsky said the key is to be genuine while promoting your brand.
Read said social media is having another impact on the industry as well. It’s providing a new form of evidence. Many posts and updates have timestamps that make them admissible in court. If someone posts something incriminating on social networking sites, new attorneys know how to find this information and use it.
Lawyers cannot friend request anyone involved with an open case they are involved with. “But if your clients are already Facebook friends with opposition or their profiles are public, I encourage them to take screenshots of everything,” Bukowsky told SMC.
“A lot of people don’t understand social media and how their posts can impact them,” she added. “You’d be surprised what kind of things people are willing to post.”
Read and Bukowsky both made one thing clear: Social media is new to the legal industry. Read said some lawyers are finally testing Linkedin, but she knew very few using Facebook.
Bukowsky is one of the few lawyers willing to explore social media and currently enjoys the lack of competition. “Social media isn’t going anywhere,” she said. “To be successful, it’s crucial to be on social media.”