Mindful Ethics:
Professional Responsibility for
Lawyers in the Digital Age

Class Three
September 2
Using the Internet to Make it Rain--The Challenges of Advertising in a Digital World

We now begin to pay attention to Mindy’s journey, as she works her way up the associate ladder.

Mindy Fuller is enjoying her experience with the large corporate law firm -- the big cases and big salary. Mid-way through the year, Delores Kline, the firm’s managing partner meets with the mid-level associates. After politely asking how they are doing, she reminds the associates of both their incredible opportunities and her partners’ high expectations. Delores says that if the associates want to continue to receive their large competitive salaries, soon it will be necessary for them to bring in clients.

The next day Mindy is enjoying lunch with some law school classmates, and learns about Caado, the lawyer recommendation website. A classmate shares how effective it’s been for him to promote himself and pick up new clients.

He explains that the site lists all lawyers and provides a basic profile which the lawyer can then update -- you can post a picture, describe your practice areas, and have clients provide reviews or testimonials about your services. He cautions though that you must pay attention to your profile in case a client posts a negative review because then you might want to mitigate any potential damage to your reputation.

Another classmate says that she has become active on LinkedIn and is regularly receiving new endorsements. Her profile lists commercial litigation as one of her skills, but she is also practicing some bankruptcy law. She suggests that everyone at lunch should have a LinkedIn profile and endorse each other.

Another classmate shares that her Tik Tok posts are becoming so popular that she may soon be a law firm associate influencer. She is also planning to post videos on LinkedIn.

As lunch concludes, one of her classmates cautions that when using Internet sites and social media you have to be especially careful to follow the rules of professional conduct.

When Mindy gets back to her office, she finds the Caado website and bookmarks it. She makes a note on her calendar to review the site and decide if it is legitimate and, if so, determine whether it might be a good tool for client development.

Mindy also updates her LinkedIn profile, which she set it up in law school. She sends invitations to connect to several contacts, including everyone who was at lunch that day. Her friends quickly accept her invitations to connect and endorse Mindy for litigation skills, commercial law and public speaking.

That evening, as Mindy is getting ready to leave the office, she see Dolores on her way to the coffee machine and they begin to talk. The managing partner looks at her watch and comments on how good it is to see Mindy working late. “I can tell that you took what I said seriously.” Mindy mentions that she is already thinking of using an Internet website to cultivate clients. The partner nods approvingly noting that she wishes she had the Internet when she started practicing. She adds, “I’ve always said make hay while the sun shines. With the Internet, you can make hay 24/7.”

Mindy agrees and, trying to interject a little humor, asks “what about when it’s raining?” Looking her in the eye, the partner replies, “If you can help make it rain, you make partner.”

As they depart, the partner asks if Mindy is heading home. “No,” Mindy says changing her plans, “just taking a break.”

Mindy heads back to her office and pulls up the CAADO site. She finds her blank profile and signs up so that she can update it and add information about her practice area. She notices that there is a place for client testimonials.

After considering and then rejecting the idea of creating a fake one to “start the ball rolling,” she picks up the phone and calls her neighbor, Lanny, who she had helped with a landlord dispute while still in law school. Her neighbor answers and Mindy asks Lanny if she would be willing to post a review as it will help her build her practice. Lanny happily agrees.

The next day Mindy visits the Caado website and sees that her lawyer profile has been updated and her neighbor’s excellent review has been posted. The review is not only positive but pushes the envelope a bit claiming that Mindy is the best lawyer and get's great results. Mindy ponders what to do and decides that since she did not write it, she should not feel responsible for its content. She sends an e-mail to the managing partner with a link to the site and short message that she will do her best to develop clients.

Mindy also sends the link to family and friends asking them to make comments and to pass it on to friends who may be interested in a lawyer, now or in the future. A few days later she looks on the site and is surprised to see that another client has voluntarily posted a review. She sends an e-mail to the client thanking him for taking the time to write the review.

Mindy is psyched by what’s happening and decides to spend a little time online pursuing more client development efforts. She does a Google search on law and contract disputes and finds a link to a chat room. She begins to follow a conversation between two people discussing a similar problem they each have with their landlords. Mindy is excited because she and one of the partners recently settled a case with similar facts.

Mindy joins the conversation and tells them about her colleague’s recent success and offers to assist them. They thank her for the information and ask for her website address. She gives them the firm address and a link to the Caado profile.

Inspired to make more rain, Mindy comes across a website named QuickAdviceNow and registers to be one of the lawyers who provides quick legal answers to consumers questions from all over the country. She smiles, thinking to herself, “This rainmaking thing is actually fun!”

About two weeks later Mindy’s enthusiasm wanes a bit when a disgruntled client posts a negative review about Mindy on several websites. The client refused to settle and lost his case based upon the facts, not the advocacy. Mindy is not sure how to respond.

As Mindy begins to appreciate the power of social media, she becomes a fan of several Facebook organizations to both show support and network. She joins the Facebook pages for the ACLU and PETA.

She decides to set up a second account using “Mindy Moo,” a nickname she was called as a child and known only to her closest circle of friends. Mindy “friends” organizations and causes she finds important to support but isn’t comfortable making public to her colleagues.

Link to Vignette

1. Do you think that lawyers should advertise their services?
Should Mindy claim her CAADO profile? Should lawyers post videos on Tik Tok and LinkedIn? If so, which Model Rules apply? Are there different concerns if a lawyer is advertising in Florida?

2. How should Mindy handle the reviews that she receives on Caado and the endorsements that she receives on LinkedIn? What are her options for responding if a client posts a negative review or a colleague endorses her for skills that Mindy does not possess?

3. What are the ethical implications, if any, of Mindy’s decision to join QuickAdviceNow and her chat room “adventure”?