The power and perils of social media
There has been a recent spate of stories about people getting caught out by social media.
Last month, two striking stories emerged from the UK.
- A juror was convicted of contempt of court and sentenced to eight months jail for exchanging Facebook messages with the defendant in a major drugs trial.
- A plumber vented his rage about his wife’s affair with her boss via Twitter and blogs and is now being tried for harassment.
And lawyers are not immune from the perils of social media...
In Australia, a top-tier firm has been accused of failing to put a stop to a derogatory Facebook group in a sexual harassment claim filed by a young female lawyer.
While in the US, a lawyer was recently caught by police having lunch with an escaped convict who she hoped to marry, after posting a photo of the two of them walking away from the corrections facility on Facebook.
So why do people, even lawyers, get caught out by social media so often?
Isabelle Oderberg, the Herald Sun’s social media editor, has noted that: “The biggest pitfall for anyone dabbling in social media is the fact that people severely underestimate its power, reach and immediacy”. You can read the full article here.
Isabelle also notes that people fail to understand that the internet world is not merely an extension of the world we live in – it is the world we live in.
Interestingly, it seems many Australian lawyers are oblivious to the power social media has over our lives. A recent survey by Lawyers Weekly revealed that 35% of lawyers believe social media has no connection to their employment or career, and that only 12% see it as a risk.
The American Bar Association has been warning US practitioners about the perils of social media for some time. In a recent article, they highlighted real-life examples of lawyers who had Blogged, Tweeted and Facebooked their way into disciplinary proceedings, reprimands, and sackings.
Increasing numbers of Australian lawyers and firms are utilising Facebook, Twitter, Blogs and other social media tools for attracting clients and recruiting staff, such as:
- Mallesons has launched a Facebook page for graduate recruitment
- Most top-tier firms including Allens, Freehills and Blakes all have Twitter feeds
- Minters is running a Technology, Media and IP blog
As more and more firms engage with social media, lawyers will need to become increasingly aware of both the powers and the perils of these mediums. Australian lawyers will not be able to ignore the impacts of social media – both positive and negative – for much longer.
In short – we will all need to learn to mind our posts and tweets!
