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Tuesday, June 4, 2013

Do LinkedIn Endorsements Violate Attorney Ethics Rules?

I have written about this subject before on my other blog, Municipal Minute, and it is addressed in the Social Media & Local Governments book, but I was glad to see that the American Bar Association is finally weighing in on the issue of whether an attorney may be inadvertently violating local ethics rules on LinkedIn.
 
For those of you who are on LinkedIn, you know that your connections can "endorse" you in certain skills and expertise areas.  For example, if you are a real estate attorney, you might focus your practice in acquisitions, finance, or leasing.  You may have added those three areas of practice to your "skills & expertise" profile.  Your connections can then endorse you in your "skills & expertise" areas. 
 
So, what's the problem?  Under ABA Model Rule 7.1, an attorney is prohibited from making any false or misleading claims about his or her services.  In certain states that have adopted modified ethics rules for attorneys, attorneys are prohibited from claiming any specialization or certification in a particular area of law except under very limited circumstances.  An attorney must be careful in using the skills & expertise function on LinkedIn, and in allowing endorsements, so as not to violate any applicable ethics rules that could be seen as misleading. 
 
You can read an article in the ABA Journal here

2 comments:

  1. For example, if you are a real estate attorney, you might focus your practice in acquisitions, finance, this site or leasing. You may have added those three areas of practice to your "skills & expertise" profile. Your connections can then endorse you in your "skills & expertise" areas.

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