Due
to the COVID-19 pandemic, my Legal Research and Writing class was online the
fall of my 1L year. Despite having access to three legal search engines, as
well as citation e-books, my professor took the time to take us on virtual
tours of the library. In what she referred to as the “good ol’ days”, she
explained how research used to require going to the library, opening a book
(gasp!), and spending hours finding a single resource to support the paper,
brief, or memo that you were crafting.
I’d
be lying if I said I didn’t relish the fact that I can lay on the couch in my
pajamas and do extensive legal research to craft a law review article, Moot
Court Brief, or complete my law clerk work. However, it does cause me to pause
and think just how different the legal world is thanks to social media and the
internet.
So
what has changed with the development and revolution of the internet and social
media? Actually, a lot, but for the purpose of this post I am going to focus on
just a few areas.
Impact
on legal world as a whole. In
addition to changing the way lawyers and their clients communicate, handle
court matters, and establish relationships, internet and social media have also
created an entire new area of crimes. Cyberstalking, Identity Theft, Virus
Attacks and Intellectual Property disputes have all forced both lawyers and
legal scholars to understand how the law can apply to crimes committed on the
internet as well as transfer their skills to serve their clients diligently. It
also means staying on top of new litigation to understand how courts ruled in
the past and will rule in the future.
Social
media has allowed lawyers to expand their presence and reach clients with more
ease and efficiency. With the click of a button a contact form can be sent to
lawyers to arrange consultations or speak about a claim. A quick google search
allows potential clients to find lawyers who specialize in the issue that they
are having, as well as read reviews of other clients and find lawyers who are
nearby.
Impact
on litigation. One of the
downsides of social media is that is has expanded the amount of evidence
available to opposing parties when collecting materials for discovery in
litigation. As I stated in a previous blog post, ANYTHING you post on social
media can and will be used against you in court. If you would not say it to the
person’s face or you would not act that way in front of a crowd, then it should
not be posted to your social media platforms.
The
internet has also led to pitfalls for jurors. With the prevalence of social
media, judges have now had to instruct the jurors that they are not to post,
tweet, or use any form of social media while they are sitting as jurors during
a trial. You would think this is common sense, but clearly it has happened
enough to warrant jury instructions by judges. This makes sense, because you
never know how people in your virtual circle will react, and how these
reactions may affect the unbiased view that you as a juror are supposed to
have.
Impact
on legal ethics. Lawyers have duties of confidentiality, communication,
and diligence (Model Rules 1.6, 1.4, and 1.3). The internet and social media
can make that difficult for many lawyers when it comes to dealing with clients.
It is much harder to maintain privacy on social media, and lawyers have to
ensure that they are not violating any of the Rules if they post on their
website, share testimonials, or attempt to communicate with potential clients.
Lawyers should always have disclosures on their websites or posts, because
otherwise things they share could be misconstrued as legal advice and they
could be subject to discipline if they are not then diligent with the potential
clients that they have communicated/established a relationship with.
What
does the future hold? Social media and the internet, especially during
the time of the COVID-19 pandemic have been incredibly valuable tools for
lawyers and law firms. It has become ever important for law firms to be aware
of the newest technologies and trends so they are not swallowed up by other
firms who are experts in the virtual world. While I don’t foresee the
traditional courtroom and way of handling legal matters disappearing any time
soon, technological developments have certainly changed what is expected of a
lawyer. Lawyers will need to be competent both in and out of the courtroom as
well as in person and virtually.
We
all love the ease of sharing a picture, sending a tweet, or googling whatever
we please with instant results. While the benefits of the internet and social
media are immense, it is also important to be aware of how it has changed our
everyday lives. In the legal world, it has changed in ways that lawyers of 30,
40, 50, years ago could never have imagined. It will continue to be important
for lawyers and law students to stay up-to-date with the changing world of
social media, and use it to their advantage in their careers and everyday
lives.
**This blog is meant to serve as informational only
and does not constitute legal advice. Should you need legal advice or are
wanting to speak with an attorney please fill out our contact form below to
schedule your free consultation with attorney Marcie L. Baker.
Sources: https://lawtimesjournal.in/the-impacts-of-social-media-on-law/
https://www.youblawg.com/law-blog-2/how-has-the-internet-changed-the-way-we-view-legal-ethics-2
https://www.elocal.com/content/social-media-legal-world/
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