Law Q & A

Q:        I am a 5^th year associate with a midsized firm in Denver. Though I have a great work ethic and have billed above and beyond the minimum dictated by my firm, I have doubts about my ability to become a partner with my firm due to my limited experience (and success) in generating business. I have a Facebook account, but it seems more social than professional - is there a legitimate way to help generate business using social media?

A:        Being on Facebook is a great start! One of the first things you can do to help your professional quest there is to make sure that you have mastered all of the privacy settings to ensure that your information is only available to those who need it. Another good idea is to purge your profile of 'non-professional' photos and information. Even better than Facebook is a site called LinkedIn. Specifically designed for professionals to network, it is a prime marketplace to get your name out there as an attorney amongst your friends, fellow alumni, and colleagues. Don't be shy about putting your interest in developing business for your firm in your profile - you may be amazed at the results.

Q:        I am a human resources generalist with a large firm and have been instructed by our manager to start doing background checks on potential candidates by searching the internet, and specifically social media sites. I'm not an attorney, but I'm pretty sure that there must be some regulations regarding checks like this. Please advise.

A:        At this point, there is very little regulation on how you use the information you find about a candidate on the internet. Experts seem to agree that any substantive information that is gleaned from social networking sites and search engines should be independently verified and used very cautiously.  Other pitfalls include using information about sex, marriage status, and children to make the hiring decisions - so be careful about the information you collect, but also remember that you can draw conclusions about the candidate from the type of information that he or she willingly makes public on sites of that variety.

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Millions of potential job candidates have posted profiles on social media sites, and their number increases every minute. And as time goes by and careers advance, the online dossier of a given worker tends to get thicker with professional accomplishments or personal factoids, whether the individual purposely builds her presence on Facebook, LinkedIn, Twitter or another site, or the data on her accumulates passively.

For many recruiters and hiring managers, the existence of online candidate information and the ease of accessing it create a virtually irresistible temptation. But such access presents questions for employers, among them: How should our recruiters represent us in cyberspace? What kind of information should be admitted to the recruitment and hiring processes, and what ignored?

But first, how are employers and their recruiters using social networking sites today?

HR Dips a Toe in Social Networking

"There's a lot of talk about recruiting with social media sites, but it really is just talk." So says Steve Williams, director of research at the Society for Human Resource Management. "Just 3 percent of organizations use social networking as their primary source. About 17 percent use it as part of their hiring process."

For most recruiters who use social media sites, these searches occupy a small fraction of their week. Of HR professionals who use social networking sites to screen applicants, 52 percent spend one or two hours per week on this activity; 29 percent spend three to five hours; the remainder spend longer, according to a 2008 SHRM survey of 571 HR professionals.

Perhaps the most popular use of social media sites is to source prospective candidates. Some 53 percent of respondents using social networking said they do so to search for passive candidates. Just over two-thirds say that social networking helps them reach candidates who they otherwise wouldn't know about or couldn't contact.

Learn About Social Media Before Diving In

Social networking companies have made their sites so easy to use that it's tempting to just dip your toe in without considering how your recruitment strategy should be deployed in these most transparent of media.

"If you're new to social media, take some time to learn about it," says Jennifer Jacobson, author of the forthcoming book, 42 Rules of Social Media for Business. "Find a platform that works for you." For example, "LinkedIn is great, but you can't blog there."

When HR professionals and hiring managers open a new recruitment front in social media, they need to be aware of the tone they set.

"Recruiters are typically pretty aggressive, so they have to be aware of how they come off" when they go online, says Rachna Jain, a psychologist and social marketing consultant in Beltsville, Md. "Recruiters can talk about the state of their clients' industry, which becomes a subtle way of attracting prospects."

In the searchable world of social media, you can publicize your hiring subtly, without directly inviting the submission of hundreds of resumes. "At a micro-blogging site like Twitter or Plurk, you can write, 'I'm happy to welcome to our team so-and-so, who's expert in such-and-such," in order to connect with other members doing related keyword searches, says Jain. "It's a way of putting your company's successes out there in a manner that's not overly promotional."

Be Aware of How You Use Online Information

Once candidates are in your hiring pool, it's tempting to Google them and search the big social media sites to see what comes up. But the mix of public, private, professional and personal information that can be found online must be used with abundant discretion, if at all.

"HR tells hiring managers that if you use social networking sites, you must verify the information to avoid liability," says Williams. "Misuse can lead to infringement of privacy or unintentional discrimination." If, for example, you allow information gleaned online about an applicant's age or marital status to affect a hiring decision, you could invite a lawsuit.

"Companies must be very cautious when determining (a) if information acquired from the Internet is relevant to job performance and (b) where there is a legitimate, and legal, reason to discount a candidate based on what they might have posted online," Robert Capwell of Employment Background Investigations Inc. writes in an October 2008 article for SHRM.

Many employers share Capwell's caution. Of organizations that choose not to screen applicants using social networking sites, 54 percent say they have questions about the legality of the process, according to the SHRM survey.

Still, "you may question the judgment of candidates who don't think about how personal postings can be seen by anyone," says Jain. If you uncover firm evidence that a candidate has celebrated his abuse of alcohol online, that information is hard to ignore.

"Recruiters should try to look at the person as a whole," says Jacobson. "Look them up on the social media sites, Google them and their email address." And then, in evaluating the information, use your best judgment together with the advice of the experts.

*reprinted with permission 2010

Using LinkedIn to Help You Find Work as a Lawyer
Debra L. Bruce, The Legal Intelligencer

"Why would I want a LinkedIn profile? I keep up with my friends and connections on Facebook." That's what young lawyers looking for work often say when I ask them about networking and how they use LinkedIn.com. Whether "looking for work" means job hunting or client development, LinkedIn can be a useful tool. Here are eight reasons why.

1. Professional focus.

LinkedIn focuses primarily on business connections by highlighting companies and their employees and former employees. Although LinkedIn has a collaborative culture like most other social media, it provides a forum to strut your stuff tastefully, because participants tacitly acknowledge its self-promotional and business networking purpose. Clients and employers come to LinkedIn looking for what you have to offer. Journalists also peruse LinkedIn for knowledgeable people to interview about newsworthy topics.

2. Your resume on steroids.

LinkedIn invites you to flesh out your profile with everything you would include in a resume, and a lot more. The format keeps readers interested with links to significant categories of information. Your LinkedIn resume can include links to your Web site, blog, Twitter profile, groups you belong to and more. When you reconnect with an old acquaintance, it would be awkward or inappropriate to hand them your resume. LinkedIn does that for you.

3. Friends cubed.

Need an introduction or someone to open doors for you? Facebook will let you look at the friends of your friends -- second-tier connections that you have to scan through. On LinkedIn, if you look up the person you want to reach, it will highlight any second-tier connections you have to that person. LinkedIn will also let you know that you have a third-tier connection and tell you all of the people you know who are linked to one or more of your target's connections.

4. Company connections.

If you seek employment or business with a certain organization, you can look it up to see which current or former employees are on LinkedIn and what degree of connection they have to you. A current employee you know may be able to give you the scoop on who the real decision makers are and alert you to their hot buttons. A former employee may be more willing to give you a candid snapshot of the organization's culture and warn you about the office barracudas and the dead-end positions. LinkedIn will even tell you where significant numbers of that organization's lateral hires came from and where many of the departing employees wind up. That may give you more feedback on the culture, or supplement the organizations you target.

5. Recommendations.

Other people can post their glowing recommendation of you right there on your profile. Once again, you don't have to hunt for an appropriate opportunity to share those testimonials because LinkedIn does it for you. Since LinkedIn identifies the recommender and lets you approve the recommendation before it gets published, you don't have to worry about getting flamed by an anonymous comment from your ex.

6. Discussion groups.

Group members can see the connections of their fellow members and can send direct messages to fellow members, even without any other connection to them. That's your opportunity to find a key contact and develop a relationship without an introduction. You can join a group focused on the industry or interests that many of your prospective clients or employers have in common. That gives you a chance to join in the discussion and perhaps even continue it offline. You may have an opportunity to answer a question, suggest a resource or provide some other assistance. That will allow you to demonstrate the value you provide, and create goodwill. Can't find a group like the one you're looking for? Raise your profile by starting one.

7. Learning opportunities.

You can find answers to questions you might be embarrassed to ask or discover the frequent legal or other concerns of people in your prospective client's or employer's industry. You can keep abreast of breaking industry news and erudite commentary. Follow discussions in groups or in the "Answers" section of LinkedIn. LinkedIn almost gives you the opportunity to be the proverbial "fly on the wall," observing conversations that will maximize your preparation to demonstrate your knowledge, capability and value in interviews.

8. Invitations to connect.

As you can on Facebook, you can invite former classmates, co-workers, clients and friends to connect to you. This creates an excellent opportunity to rekindle relationships you have allowed to go fallow or to nurture a relationship with someone you recently met. Your invitation will bring you back into the recipient's current awareness. When they look at your profile, they may realize that you are just the resource they need. Many lawyers have received a referral or new piece of business within a few weeks of reconnecting with a former client, colleague or classmate.

Tip: Don't send the default LinkedIn invitation. Include personal messages that give your invitees a clue about how they know you. Add questions that call for a response, in order to get a conversation going. It could be as simple as asking how 2010 is starting out for them. Do the same when someone invites you to connect. As your conversation progresses, you may have the opportunity to share information about the law practice you have started or the kind of job you're seeking.

RISKS FOR UNWARY LAWYERS

Review your state's ethics guidelines as you get going with LinkedIn or any other social media. Here are a few potential ethical issues to watch out for:

1. Specialization.

Many states do not permit lawyers to claim specialization or expertise in a practice area unless they have been certified as a specialist by their state bar. Therefore, play it safe and skip the section on "Specialties" in your LinkedIn profile. Also be careful about answering questions in the "Answers" section of LinkedIn. Readers vote for the best answers, and when you accumulate a number of "best answer" recognitions, LinkedIn automatically designates you as an "expert." You can reserve your answers for discussion groups, because they don't have "best answer" votes.

2. Testimonials.

Some states prohibit lawyers from using client testimonials in advertising or on their Web sites. Others forbid comparisons to other lawyers, like "She's the best trial lawyer in town." Review your bar's rules before publishing any proffered recommendations, to make sure you stay in compliance.

3. Advertising.

Some state bars have taken the position that a LinkedIn profile constitutes advertising. In that instance, you will need to comply with any filing requirements and restrictions imposed on advertising in your state.

4. Solicitation.

Many states have strict rules regulating direct solicitation by lawyers for work, especially arising out of a specific occurrence, such as an accident, arrest or traffic violation. Many consider live, interactive electronic contact to pose the same risk of unprofessional conduct as telephonic or in-person solicitation. Before offering your services to someone on LinkedIn or asking someone to contact you about a legal matter, make sure you are in compliance. Usually the wise course of action involves letting the client make the first overture.

CONCLUSION

Anyone who wants a new job or new clients should nurture a vibrant network. That requires a significant investment of time and effort. Don't discard the old-fashioned method of building relationships at meetings of bar associations, trade associations and civic associations. Leverage that investment by keeping in touch with LinkedIn, Facebook and other social media.

  *reprinted with permission 2010