Lawyers navigate ethics rules in using LinkedIn

The ever-changing social media world has created ethical dilemmas for attorneys. Change may be in the offing, and two Florida lawyers are leading an evaluation of rules on technology, including the use of LinkedIn, a professional networking website.

LinkedIn’s “endorsement” feature may cross the ethics line if the lawyer is not board-certified as an “expert,” said Greg Coleman, a West Palm Beach lawyer who heads The Florida Bar’s technology subcommittee.

LinkedIn, where connections can endorse someone for a certain skill or expertise, is potentially causing thousands of Florida lawyers to be out of compliance with state ethic rules, he said.

Eugene Pettis, the Fort Lauderdale lawyer whoheads the Bar, andColeman, whois president-elect, are seeking to update the Bar’s rules for lawyers on technology use, including social media. In September, The Florida Bar began a three-year study of the future practice of law.

“These technologies are changing so quickly, the Bar is having a hard time keeping up with the changes,” said Coleman, a partner with Burman, Critton, Luttier & Coleman. “We’re trying to figure out howto advise members.”

Coleman said he recognizes that LinkedIn is a general-use website and that lawyers on the site have no control over their contacts opting to endorse their skills.

Brian Moskowitz, a Boynton Beachbased family law attorney, said he took down the endorsements part of his LinkedIn profile when he heard about the Bar’s concerns.

But he doesn’t see why a LinkedIn endorsement would be unethical. “I’m not making a statement — a third party is. I have no control over it,” he said.

Boca Raton real estate lawyer Chad Silverman said the situation is unfortunate because LinkedIn is an effective networking tool.

“Like all other rules from The Florida Bar, it’s not good for honest attorneys and businessmen but necessary for dishonest attorneys and businessmen,” he said.

The social media issue is not the first technology issue to come up before The Florida Bar. The lawyers’ association has submitted a new rule before the Florida SupremeCourtconcerning use of the cloud.

“Lawyers are going into the cloud now, and there’s an issue of client confidentiality and security of documents and information,” Coleman said. “Alot of lawyers would blindly put something on the cloud.”

The new rule would obligate a lawyer to ensure a cloud device is secure and that client information is safe, he said.