Mark Aizlewood & Joanne Staphnill fly through the risky terrain of social networking
Social networking can cause a storm of problems. Lawyers are now encouraged to use social networking tools for marketing, but are they diving in without considering the risk of liability? This article highlights the risk management challenges created by internet publication and social media.
Cyberlibel
Law firms are alive to the potential for breaches of confidence or defamation arising from clients’ confidential information being overheard or unjustified accusations being thrown across the negotiating table. Traditionally, such indiscretions rarely caused a complaint, but using the internet to reach potential clients increases firms’ liability exposure.
In the past firms’ newsletters often simply sat in reception, but now are also published on their websites, and the increased audience increases the risk of complaints. Recent examples include where a firm’s case-commentary on a reported decision arguably gave the impression that the claimant had proved its case against the defendant (the facts were only assumed for a preliminary issue of law), leading to a defamation complaint against the firm. It