Social Media News Round-up

November is Social Media Law Resources Month at the Harris County Law Library. As the week wraps up, here are a few of the social media stories making news this week. 

In a Divorce, Who Gets Custody of Electronic Data? The Lawyers

The use of social media as evidence in divorce cases has increased dramatically over the last three to five years. Lawyers introduce text messages and social media posts into almost all of their hearings and trials. How and what a person communicates via social media can reveal a lot about a person's character and may also offer clues about one's finances or hidden assets. Christine Leatherberry, a family lawyer in Dallas who is quoted in the article, advises her clients to expect that anything shared via email or posted on a social network will be blown up on a poster board and displayed in a courtroom.

K Street Says Social Media is Growing Faster than Traditional Lobbying as Way to Influence Washington

According to a recent survey of lobbyists, lawyers, think tank leaders, and other advocacy groups, social media is the fastest-growing communications channel for influencing the political process. Those who aim to persuade policy makers understand the importance of social networks and the power of public opinion. They are increasing their allocation of funds to engage with social media on a larger scale.

Can You Take a Voting Selfie? States Wage Legal Battles Days Before Election

Ballot box selfies are prohibited in 18 states, but challenges to the law have been advanced in Colorado, Michigan, and New York just days before voters head to the polls. Opponents of laws that permit election-day selfies say that photographs taken at the polls compromise the integrity of the election. Supporters dispute this claim, saying that no evidence of voter intimidation exists. Muddled laws in several states are sure to create confusion as voters test the limits of what is prohibited and what is actually enforced.    

Latest & Greatest: Social Media 101 for Lawyers

To kick off Social Media Law Resource Month at the Harris County Law Library, we're highlighting a couple of very helpful resources. The first is a Pocket Guide published by the Texas Young Lawyers Association called Social Media 101. The second is a white paper, recently published by Thomson Reuters and FindLaw, called From Novelty to Necessity: Pragmatic Social Media for Law Firms. 

TYLA's Social Media 101 provides an excellent review of electronic communication as regulated speech and the requirements that all attorneys must meet when advertising online. According to the State Bar's Advertising Review Committee (ARC) and the Texas Disciplinary Rules of Professional Conduct, any content posted to social media for marketing or solicitation purposes must be filed with the ARC. However, according to an exception in Rule 7.07, content that is not "prepared to secure paid professional employment" is exempt. Communications that inform potential clients about the law (such as an article you might write for your firm's blog) and content that is more social in nature (photographs on Facebook of your firm at a charity event, or a link on Twitter to an inspiring TED Talk, for example) need not be submitted. Even so, the TYLA Pocket Guide advises that, when in doubt, it is best to file any electronic content that can be construed as advertising to the ARC. 

From Novelty to Necessity, covers a different aspect of social media, namely the imperative that all lawyers maintain a digital presence. Based on data that show the advantages of using social media to market services and build professional networks, the authors assert that having a digital presence is no longer optional. They also discuss how to use social media effectively. Identify the factors that set your firm apart, they say, and develop a marketing strategy that differentiates your brand. Spell out the qualities that make your firm unique, including the benefits of retaining your services, and present them in ways that resonate with potential clients. Then, communicate the benefits consistently across all social media platforms. Try to achieve a sort of "calculated authenticity" so that clients and potential clients see you as approachable, open, accessible, and willing to interact. Community-based lawyers, in particular, must be willing to share part of themselves before clients are willing to share their personal needs. When executed in accordance with the State Bar's requirements for electronic communication, the benefits can be substantial. 

Ex Libris Juris Recognized by Texas Bar Top 10

We are thrilled to announce that a recent Ex Libris Juris blog post, Learning Tech -- Deliberate Practice and Benefits of Proficiency, was recognized in last week's Top 10 Blog Posts on Texas Bar Today, a publication of the State Bar of Texas. We're grateful for the recognition and very proud to be in the company of so many excellent Texas law blogs.

For more legal tech news, keep following our posts on Ex Libris Juris. Our Tech Tuesday feature brings you a new tech-related post each week, and our Latest and Greatest feature presents recent additions to the the library's collection. Other topics of interest to the Harris County Law Library community are presented throughout the month, including topical information related to our monthly theme -- October is Immigration Law Resource Month -- and news of upcoming library events, one of which, Social Media for Lawyers, is soon approaching. Don't miss it! 

Celebrate Plain Language Day 2016

Since the passage of the Federal Plain Writing Act on October 13, 2010, those who favor and promote the use of clear language have celebrated International Plain Language Day. The Act (Pub. L. 111-274) defines plain language as "writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience." The purpose of the Act is to "improve the effectiveness and accountability of Federal agencies to the public by promoting clear Government communication that the public can understand and use." Although the intention of the law is to increase the clarity of our nation's official documents, communicating in simple language is a worthy goal in all areas, including law. 

At the Harris County Law Library, we have several titles in our collection that will help you simplify and organize your writing. Thinking Like a Writer: A Lawyer's Guide to Effective Writing and Editing is one such title, and several CLE publications address the topic as well, including Exceptional Legal Writing and Legal Writing to Win. Bryan Garner, the undisputed dean of legal writing, is a strong proponent of plain language. His column, On Words, which is published monthly in the ABA Journal, is an exceptional resource for learning about the effective use of language in legal documents. An organization called Clarity, the international association for promoting plain legal language, is another useful source, as is their biannual journal, The Clarity Journal, which is distributed free to Clarity members. Past issues are available through the journal's online archive. 

Reducing the complexity of legal writing is a worthwhile objective, and taking a day to recognize this effort is part of that goal. Join is in observing International Plain Language Day and the commitment to using effective communication in government and law. 

Ex Libris Juris Makes Texas Bar Today's Top 10

We are happy to announce that a recent Ex Libris Juris blog post - Who Owns Space Stuff? - was included in last week's Top 10 Blog Posts on Texas Bar Today, a publication of the State Bar of Texas. As the sole public law library in Space City, we are always happy for the opportunity to research and write about laws related to space exploration and our hometown space agency - NASA. Keep following our posts on Ex Libris Juris to see more posts on space law and plenty of other topics of interest to the Harris County legal community.