The ethical reasons, per Zavieh:

1. Facebook will make you look like you are having fun. When a client sees you having fun the client may file an ethics complaint when you’re delinquent in returning a call or file a pleading at the last minute.
2. Facebook will make you look too wealthy. Your clients will see a reasonable bill as extortion.
3. Clients may see a remark such as having a rough day in court as reflecting information about them and shake their confidence in your ability to maintain attorney-client confidentiality.

Say what? This is really going to far in scaring lawyers from using the most powerful social network in the world to build and strengthen relationships with the people who mean a lot to lawyers - clients prospective clients, and business associates.

Long before we had the Internet and Facebook, lawyers socialized with clients and they each had of a lot of fun together. We did things together and talked about stuff that had nothing to do with legal matters.

Sports talk, kid’s events, charitable boards, Christmas parties, faxing jokes back and forth, golf events, and God knows what else. And when you’re from Wisconsin, like me, a fair amount of the socializing involved alcohol and got a little raucous – to say the least.

We got our work down and we had life long family friends for whom who we represented their businesses and families for decades.

Could such activity lead to an ethical problem? I guess s0, but so could the indiscriminate use of a cell phone. We took the risk — assuming we ever though if it as a risk.

Like it or not, Facebook is used to socialize with friends and business acquaintances. To the extent you opt of socializing with clients and prospective clients using Facebook, that’s okay. You’re just at a disadvantage in ‘connecting’ with clients and business associates, while your competitors are. Over time you run the risk of becoming irrelevant in the lives of people who are nurturing relationships in social settings online.

Bruce Johnson, The Chair of Privacy & Security Practice at Davis Wright Tremaine in Seattle, starting using his Facebook page 5 years ago. Representing information industry clients on issues involving media and communications, he starting sharing successes of these clients on Facebook.

Clients and their employees started befriending Bruce. This led to Bruce not only sharing relevant media, advertising, and first amendment news, but also vacation pictures with his family. Later on came wonderful pictures with his grandkids in an easy chair in front of the windows of his high rise condo overlooking the Puget Sound.

To me, Bruce’s Facebook, is the stuff life is made of. The joys and thoughts I would want my clients to share in — and which any client worth their salt would enjoy. The discussion of such items would certainly be the precursor to any substantive business discussion.

Sure. I get Zavieh advising that the safest route is to stick to LinkedIn for client interaction, to use Facebook privacy settings which prevent clients seeing you experience life, and to prevent clients from knowing anything about your kids.

That’s the ultra low risk and lawyers get bad to be risk adverse.

I don’t believe such action is warranted in most cases. Such action deprives lawyers part of the essence of a successful and enjoyable practice – that’s friendships and meaningful connections with the people you serve.

Lawyers also need to realize people hire lawyers they like as people, not just because of their legal prowess. Remove an opportunity for people to get to like you, and and you’re making it tougher for peroplr and their businesses to hire you.

Could you realize such relationships without Facebook? Sure. Its just getting harder with Facebook being the largest social network in the world and the fastest growing groups being older and affluent people.

And like Zavieh said, “Social media is clearly not a fad going away anytime soon, and it is a powerful force that can be used for good.

Image courtesy of Flickr by sjsharktank.

China isn’t only hacking the American government, they’re apparently hacking businesses as well—according to a study released today by corporate security firm Mandiat, Corp.—Eric Packel has the story. Over on LXBN TV, we have Jonathan Rosenfeld breaking down proposed Florida legislation that’d make nursing home lawsuits more difficult. Total posts on the LexBlog Network today: 161.

• When Employee Taunts Employer via Facebook to “FIRE ME. …Make my day. . .” NLRB Memo Concludes the Employer Can Go For It – Columbus lawyer Sara Hutchins Jodka of Porter Wright on their Employer Law Report
• Chinese Military Hacking U.S. Businesses? – Philadelphia lawyer Eric Packel of  Marshall, Dennehey, Warner, Coleman & Goggin on the firm’s blog, Data Breach Legal Watch
• Are Environmentalists Who Oppose Wind Farms Environmentalists? – New York litigator William Ruskin of EpsteinBeckerGreen on his Toxic Tort Litigation Blog
• Gross Negligence the Focus of BP Oil Spill Post-Trial Briefing Order – New Orleans attorney Megan Misko of King, Krebs & Jurgens on their blog, Offshore Winds
• Legal Marketing: To Sell Is Human – Business development strategist Julie Fleming of Lexinnova on her blog, innovate
• The Temp: Interim CEO Service and Director Independence – The blogging lawyers and attorneys in the Latham & Watkins Capital Markets Group on the firm’s Words of Wisdom Blog 
• Fast Fashion: The Zara Experience – Ann Klibaner Sultan, Matthew E. Epstein and Lara D. Guercio of Goulston & Storrs on the firm’s blog, Retail Law Advisor
• Most Employers Will Continue to Provide Health Coverage Next Year, Survey Finds – Washington, DC lawyer Ilyse Schuman of Littler on the firm’s blog, Washington, DC Employment Law Update
• Even Felons Who Have Guns Illegally Can Claim Self-Defense – Florida attorney Ron Chapman in his Palm Beach Criminal Defense Blog
• The Power of No – Houston attorney Kendall Gray of Andrews Kurth on his blog, The Appellate Record 

For more of the best, check out LXBN, a complete review of the top insight and commentary across the LexBlog Network.

The intersection of social media and employment law is a fascinating one, particularly when a new platform comes along. On that note, take a look at Dan Schwartz’s post as he continues to own the “Vine can be pretty awful for employers” beat. Also, on LXBN TV, Derek Allen shares insight on an interesting IP suit involving internet memes. Total posts on the LexBlog Network today: 167.

• Lehman Reaching Beyond the Grave – Russell Koonin and Robert Siegel of Bilzin Sumberg on the firm’s blog,Mortgage Crisis Watch
• Supreme Court to Decide Which Employees Are Covered by Whistleblower Law – Washington, DC lawyer Ilyse Schuman of Littler on the firm’s blog, Washington, DC Employment Law Update
• Buyer Beware: Potential IP Scammers Are In Our Midst – Boston lawyer Deborah Peckham of Burns & Levinson on the firm’s blog, Lex Indicium
• Employee Usage of Smartphones After Hours – Are Employers Liable for Overtime? – San Francisco lawyer Maila Labadie of Liebert Cassidy Whitmore on the firm’s California Public Agency Labor and Employment Blog
• The Underside of Vine: Another Headache for Employers – Hartford attorney Daniel Schwartz of Pullman & Comley in his Connecticut Employment Law Blog
• Bills of Rights for America’s Homeless – Michele Host of The Shriver Center on their blog, The Shriver Brief
• The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance – New York attorney Jessica Lehrman of Morrison Foerster on the firm’s blog, Socially Aware
• Crowdfunding Renewable Energy Projects in Early Stages and Growing in the U.S. – New York lawyer Laura Neumeister of Foley & Lardner on the firm’s blog, Renewable Energy Outlook
• Does the Internet Strengthen Marriage? – Spartanburg attorney J. Benjamin Stevens of The Stevens Firm on their South Carolina Family Law Blog
• New Jersey Assembly Passes Revised Employee Social Media Privacy Bill – Carlos Lopez, Caroline Keller and Chris Lowe of Seyfarth Shaw on the firm’s blog, Trading Secrets

For more of the best, check out LXBN, a complete review of the top insight and commentary across the LexBlog Network.

Today’s comes from Sally Kane (@sallyannekane), an attorney and editor of both Paralegal Today and Litigation Support Today, who shares 10 reasons for lawyers to blog in the Legal Careers section of About.com

Here’s 7 of Kane’s reasons with a little massaging by me.

1. Build Your Brand. Your brand consists of tangible and intangible factors that highlight your unique value and set you apart from other lawyers. Your brand is communicated through many channels, from your website and business cards to how you dress and communicate. Blogging is an excellent way to build your brand and cement your core image in the mind of your readers, colleagues and clients.
2. Establish yourself as an expert. Blogging can help you build your professional reputation as an expert in a niche area. By becoming the “go-to” person on a specific subject, you can build your professional credibility. I have seen any number of lawyers go after a niche by dedicating themselves to covering an area of law or business, which led to not only new clients, but establishing a whole new practice.
3. Expand your Internet presence. You may have a website, a LinkedIn profile, a Twitter account and/or a Facebook page. It’s not enough to demonstrate your passion, skill, and experience as a lawyer. It’s difficult, or impossible, to establish yourself as a thought leader with short form social media on someone else’s platform.
4. Expand your professional network. A lawyer is only as good as the network of professionals that they can call on and collaborate with. One of the reasons lawyers join associations and attend conferences is to build their network and to learn. Blogging expands a lawyer’s professional network. By engaging readers, you can connect with like-minded professionals to exchange ideas, foster a dialogue and build relationships.
5. Guide and inform others. Being a lawyer is a privilege, and with it should come some obligation to give — and to share. Blogging is an excellent way to help others by providing guidance, advice, expertise and resources to your readers. While helping others is intrinsically rewarding, it also enhances your credibility as a trusted and reliable authority.
6. Land new opportunities. Lawyers who have blogged well for a period of time will tell you of speaking engagements, invitations to conferences and special events, opportunities to write for other publications, guest blogging offers, and a host of other opportunities that arose from their blogging. For some it’s led to job offers that were too good to turn done.
7. Influence others. Lawyers are experts at persuading others. Some lawyers use their blogs to influence the public, legislative bodies, regulatory authorities, the mainstream media, and the public at large. I can think of one lawyer on the LexBlog Network who maintains one of his blogs solely as a voice into leaders at the statehouse. Bloggers such a Bill Marler, on food safety, and Jim Walker, on cruise law, have become forces of change.

There’s any number of reasons a lawyer would want to blog, this is just a list of seven. Many lawyers blog because it;s fun and has become part of the fabric of their lives.

Ten years ago when I started blogging there not as many readily apparent reasons for a lawyer to blog. Now you can pick up the phone and talk to lawyers who can share with you the reasons they’ll never stop blogging.

Image courtesy of Flickr by Losminos.

In what could be some very damning news for Disney and Disney Cruises, Jim Walker writes on the potential coverup of molestation committed by an employee of Disney Cruise Lines. On LXBN TV, former journalist and Pulitzer finalist Jeff Kosseff joins me to explain why we need a federal shield law for reporters. Total posts on the LexBlog Network today: 164.

• Did Disney Cruise Lines Cover Up Sexual Molestation of 11 Year Old Girl on Disney Dream? – Miami attorney Jim Walker of Walker & O’Neill on his blog, Cruise Law News
• Employee Working For You? You Say “No”, LinkedIn Says “Yes” – New York attorney Michael Schmidt of Cozen O’Connor on the Social Media Employment Law Blog
• Fifth Amendment Fundamentals – Taking the Nickel – Hayes Hunt and Jonathan R. Cavalier of Cozen O’Connor on From the Sidebar
• SCOTUS Permits Chevron Deference to Agency’s View of Jurisdiction: A New Void to Fill – Washington, DC lawyer Lee Beck on his blog, the Federal Regulations Advisor
• Are You Still An “Indian”? Affordable Care Act May Tax Those Who Are Not – Seattle attorney Greg Guedel of Foster Pepper on the firm’s Native American Legal Update
• Player Safety and the Absence of Guaranteed Contracts in the NFL – Massachusetts attorney Stephen Rosenberg of The McCormack Firm in his Boston ERISA & Insurance Litigation Blog
• The Dark Side of Generic Drugs – Dallas lawyer Angel Reyes of Reyes Browne Reilley in his Angel Reyes Blog
• Failure to Pay Child Support on the Increase – Possibly Leading to Jail Time – Spartanburg attorney J. Benjamin Stevens of The Stevens Firm on their South Carolina Family Law Blog
• OSHA Claims Its Severe Violator Enforcement Program is “Off to a Strong Start” – Washington, DC attorney Eric J. Conn of EpsteinBeckerGreen on the firm’s OSHA Law Update
• Immigration’s Minnesota Nice, Sen. Al Franken, Helps Small Businesses and Regular Folks with the I-9 Process – Los Angeles attorney Angelo Paparelli of Seyfarth Shaw on his blog, Nation of Immigrators

For more of the best, check out LXBN, a complete review of the top insight and commentary across the LexBlog Network.

Here’s nine of Dodaro’s tips, with a little annotating by me.

1. Use real life situations. If you want content that is relevant and relatable for your audience, strive to draw from more from real-life situations. As a lawyer keep track of questions clients and prospective clients ask. Answer them in story fashion referencing how the question arose. Call on real situations faced by clients and how you addressed them – of course sanitizing names and details to maintain confidence.
2. Write short, concise paragraphs. Keep your points short and to the point at all times and leave lots of “white space” through out your blog post. I try not to go longer than two or three sentences in a paragraph. In some cases one sentence will suffice.
3. Watch the pros. Use Twitter lists and your favorite RSS reader to keep track of blogs from the pros. Just as in the practice of law, success leaves clues when it comes to blogging. Develop your own blogging style from following successful bloggers. You may learn the most from non-law bloggers such as Dave Winer, the folks at Copy Blogger, Jeff Bullas, and Mashable writers.
4. Make use of headers and bullets. People want to be able to quickly scan your articles and still get value from them. Sub headers, bullets, and bold text make it easy for readers to scan a post and get the gist of your point. Yes, a far cry from legal writing, but it’s how people read on the net.
5. Spend more time on the title. The title is what’s responsible for getting people to read your content in the first place so it’s arguably the most important part of your entire blog post. Lawyers are notorious for long titles. Resist. Though the techniques may not be spot on for law blogs, Dodaro suggests these resources on titles: ‘10 Sure-Fire Headline Formulas That Work;’ and ‘How To Write Magnetic Headlines.’
6. Add multimedia. Dodaro saw a spike in reader engagement after incorporating custom-made graphics, videos and slideshow presentations into her blog posts. This is critically important as blog posts get curated into Flipboard, Zite, and social networks such as Facebook, LinkedIn, and Google+. Graphics and video attract attention.
7. Keep it current. If you’re blogging on a niche subject for which there are occasional developments, you’ll be conspicuous by your absence if you don’t comment when others are. On more general areas, you need not serve as a ‘junior reporter’ on every bit of news, you already have a job. But in no case can you let weeks or months go buy without posting. Doing so demonstrates a lack of passion in the area of law you have chosen and reflects poorly on your ability to stay abreast of what thought leaders are discussing in your area.
8. Write with a purpose. What audience are looking to reach? How are you engaging them? You should always have a reason and focus for each of your posts.
9. Don’t be a slave to SEO. Create compelling content that engages your target audience. Valuable content, and in the case of certain niches, indispensable content, will always do well in search. This is especially true as traditional SEO techniques give way to sharing on social networks.

Where’s number ten? Dodaro advises that numbered list-style blog posts are a classic that never get old. No doubt such posts work to draw attention and do get shared liberally. I just see it as a gimmick that ought to be used sparingly.

Thanks Melonie. Good tips that you probably weren’t directing at lawyers.

Image courtesy of Flickr by Kristy Hall.

This from Christa Carone (@ChristaCarone), CMO for Xerox, in a piece in the Harvard Business Review last month on the power of a CMO leading by example in their use of social media.

Carone understood being an active participant, not a passive observer, was required to understand social media.

She also wanted to show her team, as a true leader, that using social media could change the public’s perception of Xerox as one of a copier company to one of business process outsourcing, where most of their revenue is derived today.

As I read Carone’s story of a using social media for a year all I could think of was law firm CMO’s. Where are they in their active use of social media to make sure they understood social media and leading by example to influence the perception of their law firms?

Carone faced similar challenges law firm CMO’s perceive with regard to social media.

I’ll be honest; playing guinea pig required time that is scarce these days. Maintaining a lively, close-to-real-time presence on any media outlet is not for the faint of heart. How many followers and tweets make a Twitter feed look respectable? How many views make a blog post high-impact? Is my Klout score high enough? And ROI? Let’s not even go there.

And of course the personal versus firm brand, an issue that often paralyzes law firm marketing.

Our executive team is proud of the Xerox brand presence in the social space, but we have a team-oriented, humble culture. I didn’t want to be seen as a chest-thumping “celebrity” executive who uses social media as a megaphone and whose personal brand can outshine their professional one

Rather than just starting to use social media Carone got clear on her strategy.

I set out to connect with communications professionals and marketing thought leaders, the most relevant audience for me as a marketing executive. Before taking the plunge, I carefully considered what value I could bring to the social conversation in a very crowded field. I thought about how Xerox helps customers so they can focus on their real businesses — and my purpose as its CMO. My answer was clear: giving a real, clear-eyed take on the business of marketing and communications. Marketers have a reputation for being full of hype; I wanted to share information about and examples of smart, yet simple, marketing and communications

Facebook was reserved for Carone’s personal life, so she started on Twitter, and later, blogging.

I didn’t have a huge Twitter following then and I still don’t. Quantity is never the point. Quality engagement always is. I tweet a few times a day — much of it is sharing what I’m reading, watching, and inspired by in marketing, branding, communications, leadership, and the occasional a-ha moment I have as a runner and/or as a parent. These are topics I live and breathe every day.

What Carone most enjoys by being active in social, as do I, is the way it helps build connections with others in the business.

I’ve been surprised by the number of people, fellow employees included, who introduce themselves at large events to say they read and share my tweets and blog posts. It’s nice to know someone hears you when you’re talking in a forest.

One of Carone’s favorites is when a woman approached her after a speaking engagement (something she’s asked to do more often now).

I never thought I’d see the old brand Xerox represented by a woman in an orange dress who tweets and talks like she’s my next door neighbor. I thought Xerox was stodgy; now I can tell you’re not.

Carone’s advice to CMO’s getting started with social media:

• Be conversational. Initiate or amplify conversations with clients, prospects, media players and employees. Remember: the only legitimate social media voice is the same one you would use in a room full of peers. You’re not leading a seminar. You’re having a conversation around the virtual water cooler, or even better, at a collegial cocktail party.
• Don’t sell. If you want to sell, buy an ad or an advertorial or, perhaps, sponsor tweets. Otherwise, contribute insights and stimulate conversation by expressing a point of view.
• Enlist a team. It’s just a reality that busy executives will sometimes be out of commission in closed-door meetings or airplanes without Wi-Fi. Chatter on digital media outlets is 24/7. So be open to asking trusted advisors to watch your blog and social media feeds while you’re “dark” and alert you when it’s important that you respond.
• It’s personal. And, it only works if it’s authentic. That means it won’t work for any professional who sees it as a burden instead of an opportunity.(emphasis added)

Social media has now become a natural part of Carone’s day and has changed how she gets, shares, and talks about information. She says if she’s “[S]uccessful in getting just a handful of people to see a new face to the new Xerox, then it’s worth every tweetin’ moment.”

Last Friday in New York I had a couple beers with the CMO of a top 10 law firm. I could sense their excitement with a social media initiative underway at the firm.

After a half hour, they said I’d like you to personally coach me on various aspects of social media. They wanted to understand what social media was, how to use it, and to lead by example. I’m pretty excited about the opportunity to work with them, and possibly later on, their firm as a whole.

In the 10 years since founding LexBlog I believe that’s the first time a CMO made such a request of me. Maybe it’s my fault in not making the offer, I don’t know. But the law firm CMO’s who are blogging and using other social media, especially as it pertains to communicating the firm’s message, are few and far between.

As a law firm CMO, are you leading on social media? Are you, personally, communicating the firm’s position and brand, through social media? Assuming not, don’t you see it as a lost opportunity? Could it even be a dereliction of duty?

Thanks for your story Christa. No question I liberally cited from your piece — it was just too good. ;)

Yes—right now, pot is legal in Washington State. As absurd as that sounds, it will soon become even more ridiculous as businesses begin to sell it. Just this week the Washington Liquor Control Board released a draft of their rules for selling and growing marijuana, and Claire Mitchell of Stoel Rives has the details. Over on LXBN TV, Jeff Nowak joins me to explain why Yahoo’s new parental leave policy, though progressive, does raise some FMLA questions. Total posts on the LexBlog Network today: an even 200.

• Washington Liquor Control Board Releases Draft I-502 Rules: what you need to know – Seattle lawyer Claire Mitchell of Stoel Rives on the firm’s Alcoholic Beverages Law Blog
• Are Suits Opposing Obamacare Mandates Ripe? – New York lawyer Kevin Mulry of Farrell Fritz on the firm’s blog, New York Health Law
• Court Rules Employer Cannot Force a Former Employee to Update LinkedIn Profile – Columbus lawyer Sara Hutchins Jodka of Porter Wright on the firm’s Employer Law Report
• Washington’s New BUI Laws: Now Alcohol and Water Really Do Not Mix – Jess G. Webster and Andrew Huff of Graham & Dunn on their blog, Northwest Maritime Law & Marine Affairs
• We’re from the Government, and We’re Here to Help – Nashville attorney Woody Woodruff of Waller on their blog, The Banking Law Connection
• Four reasons your employment lawyer thinks firing should be a last resort – Winston-Salem attorney Robin Shea of Constangy on the firm’s blog, Employment & Labor Insider
• Act On Clarifying Ownership of Work-Related Social Media Accounts Before You Become “Dinner” – Hartford attorney Daniel Schwartz of Pullman & Comley in his Connecticut Employment Law Blog
• Many firms seek pre-eminence; few realise there is a price to pay – Australia legal marketing expert Sean Larkan on his Legal Leaders Blog
• Temporary Regulatory Takings Do Exist in California! – Irvine lawyer Brad Kuhn of Nossaman on the firm’s blog, California Eminent Domain Report
• SEC Settles Anti-Fraud Violations With Municipal Bond Issuer – Illinois lawyer Brian Zeeck of Hinshaw Culbertson on the firm’s White Collar Crime & Internal Investigations Blog

For more of the best, check out LXBN, a complete review of the top insight and commentary across the LexBlog Network.

• Graham & Dunn‘s Northwest Maritime Law & Marine Affairs Blog is the second publication on the LexBlog Network from the firm, and the second one that is pure Pacific Northwest, as the other covers sustainable energy and green technology. Their newly-launched blog covers maritime law from every angle, not focusing only on the implications for industry, but personal boating as well. Don’t believe me? Take a look at their front page now and you’ll see insight on boating under the influence laws, employment law in the maritime industry and even the environmental impacts of boating and marine activity.
• Now, from the other side of the country, we have the Public Policy Bulletin from Crowell Moring, as this makes it four for the firm on the LexBlog Network. As I mentioned in the roundup the other day, we pride ourselves on working with lawyers and law firms who not only work in the law, but help shape it—and that’s exactly what we have here. As the tagline says, this blog aims to provide readers with “an insiders view on policy and politics.” If that sounds somewhat broad, that’s because it is, as you can expect to find legal analysis on subjects that include the budget, taxes, commodities, environmental and energy policies, the financial services industry and politics in general.

Flipboard, a personalized magazine of articles and posts created from your feeds and social network, is extremely popular with lawyers because of its non-techie, eloquent interface for receiving and reading customized news.

While reading content, not as many lawyers share what they are reading with their network. Sharing what you are reading is an excellent way of not only staying top of mind with your existing network, but also growing a network of like minded people.

Let alone the fact that lawyers who share info and articles on niche subjects establish themselves as authorities by serving as ‘intelligence agents.’

Flipboard’s new sharing interface makes it easy as ever to share what you are reading on Twitter, Google+, LinkedIn, Facebook, or even via an email or text message.

Here’s a blog post from the Duets Blog I came across flipping through the LXBN Network on Flipboard on my iPhone.

I now tap on the ‘Flipboard screen’ to pull up the post to read it.

When I scroll to the bottom of the article as I read it I see a share arrow. Clicking on it, I get the below interface making it oh so easy to share what I am reading and include a comment as well.

No truth to the rumor that I have stock options in Flipboard. Flipboard is just doing one hell of a job in delivering publishers a wonderful distribution platform, and readers a wonderful reading and sharing solution. A sharing solution that leads to networking opportunities for lawyers.