Ethics: Instagram, Facebook, TikTok, Snapchat, and Other Social Media Use by Attorneys

Agenda / Content Covered

1. Social Media Advertising and Solicitation Rules
   11:00 - 12:00, Peter L. Ostermiller
   1. Key Rules of Professional Conduct
   2. What Constitutes Impermissible Puffing? What Constitutes Advertising?
   3. Is Using Social Media to Engage in Discussions and Build Relationships Considered Solicitation or Advertisement?
   4. Personal vs. Professional Accounts - Do Different Rules Apply?
   5. LinkedIn - "Specialist" or "Expert" Designation Ramifications
   6. Advertising Rules for Facebook, Twitter, YouTube, and Other Platforms
2. Best Practices for Ensuring Proper Social Media Conduct
   12:00 - 12:30, Peter L. Ostermiller
   1. Tips for Setting Up and Managing an Ethical Personal (or Professional) Facebook Account
   2. The Ethics of Friending and Communications on Social Media
   3. Practical Guidance for Creating and Using an Instagram Account: Hashtags, Stories, Followers, etc.
   4. Snapchat Dos and Don'ts: With Examples
   5. How to Set Up and Manage an Ethical Personal (or Professional) Twitter Account
   6. Safeguarding Attorney-Client Confidentiality: Essential Guidelines
   7. General Rules on Using TikTok
      1. Inadvertently Creating an Attorney-Client Relationship via TikTok: Top Risks
      2. Thorny Issues Related to Inaccurate or Outdated Legal Information
      3. Going Viral: What You Need to Know About Posts That Reach Multiple Jurisdictions
   8. Understanding Attorneys' Supervisory Obligations Concerning Posts Made by Colleagues
3. Preventing and Responding to Confidentiality Breaches: Legal Essentials
   12:45 - 1:30, Peter L. Ostermiller
4. Ethically Using Social Media in Investigations: What You Need to Know
   1:30 - 2:15, Peter L. Ostermiller

Accreditation Details:

Peter L Ostermiller is a sole practitioner concentrating in legal ethics and professional responsibility matters. Mr. Ostermiller represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters and bar exam applicants. He has also represented parties in attorney’s fee dispute proceedings, attorneys in legal proceedings in which sanctions have been sought against the attorney, represented parties in attorney disqualification proceedings, and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He is a member of the Kentucky Bar Association, Louisville Bar Association and the Association of Professional Responsibility Lawyers. Mr. Ostermiller served on the Kentucky Bar Association's Ethics 2000 Committee, which proposed changes to the Rules of Professional Conduct to the KBA, which resulted in the July 2009 revisions to the Ethics Rules. He graduated with his B.A. and J.D. degrees from the University of Louisville.