It has been suggested that the smart phone may be a threat to professionalism. The Louisiana Bar Association specifically addressed technology issues in their code of professionalism.
“I will use technology, including social media, responsibility. My words and actions, no matter how conveyed, should reflect the professionalism expected of me as a lawyer.”
The assertion that the smart phone is a threat to professionalism is not just a dramatic pronunciation. It has become a reality for several lawyers. For example:
1) https://www.tampabay.com/environment/florida-bar-opens-investigation-into-clearwater-lawyer-who-shooed-raccoon-off-his-boat-20190516/ (Links to an external site.)
2) http://www.abajournal.com/news/article/lawyer_is_disbarred_for_social_media_blitz_intended_to_influence_custody (Links to an external site.)
3) https://www.nola.com/news/courts/article_e0e1bbf8-055d-51b6-9d22-b565cae4119b.html (Links to an external site.)
4) https://www.nbcnews.com/think/opinion/can-new-york-lawyer-aaron-schlossberg-be-disbarred-his-racist-ncna876001 (Links to an external site.)
5) http://www.abajournal.com/news/article/risk-averse_lawyers_abandon_caution_surf_net_straight_into_stormy_ethical_s (Links to an external site.)
6) http://www.abajournal.com/magazine/article/brag_busters_discipline_is_on_the_way_for_social_media_malefactors_panel_sa (Links to an external site.)
After reading the above articles, submit 3-5 paragraphs of your thoughts about these instances. Be sure to respond to the following questions:
1) Do you think that lawyers should be disciplined for conduct that is not truly unethical according to the rules, but that disparages the profession (such as the raccoon incident).
2) Is it “fair” to use a personal social media account to discipline a legal professional?
3) Can you think of other industries that discipline their professionals for out of work social media activities? Are those instances different or the same as discipline of a legal profession?
4) Should there be “privacy” over someone’s social media?