Social media update…
A(nother) lawyer recently made the news for a suspension based on controversial Facebook posts. The South Carolina Supreme Court decision suspending the lawyer for six months based upon twelve offensive posts on Facebook found that the lawyer’s conduct brought the legal profession into disrepute and violated both the letter and spirit of the South Carolina Lawyer’s Oath.
While the court found all 12 statements to be “troubling,” it focused on two of the posts—one commenting on tattoo’s and the other posted in the aftermath of George Floyd’s death. The court found the comments to be “expressly incendiary” and “were intended to incite, and had the effect of inciting, gender and race-based conflict …”
The Opinion indicated that the Court was “particularly concerned with the statement regarding Mr. Floyd. We find this statement was intended to incite intensified racial conflict not only in Respondent’s Facebook community, but also in the broader community of Charleston and beyond.”
In fact, the suspension was the result of a settlement reached by the lawyer with the Office of Disciplinary Counsel in which the lawyer admitted that his Facebook statements were problematic and discipline worthy.
Interestingly, the Court noted that it remains mindful of the lawyer’s First Amendment right to free speech but notes that the lawyer did not raise a First Amendment defense. (Brian Faughnan suggests that simultaneously attempting to distance yourself from your Facebook opinions and asserting that your opinions are protected speech might not be a winning strategy.)
Both lawyers and judges continue to get into trouble for social media posts that comment on current events and social issues not necessarily related to legal matters in which they are involved. For other examples, and some suggestions to avoid these online errors of judgement, check out my article that is soon to be published in the St. Mary Journal on Legal Malpractice and Ethics. Or for CLE credit explore my social media program offered by Quimbee and narrated by my Quimbee designed avatar. (Disclaimer—there is a $49.00 charge for the CLE, and funds go to Quimbee—not to me.)
Bottom line: Take a deep breath and consider the repercussion before you vent your opinions about society’s ills and absolutely stay away from commenting on your clients and cases in any manner that reveals confidential information.
