The New York State Bar Association’s Committee on Professional Ethics issued an advisory opinion on an interesting question involving lawyers’ use of social media. Opinion 873, issued June 9, 2011, answers the question:
May a lawyer offer a prize as an incentive to connect to the inquirer on social-networking sites?
Put differently, “is it ethical to try to win Facebook friends with bribes?” Ok, so maybe “bribes” is too strong a word. Or maybe not. The Committee concluded that, provided that the prize being offered is not illegal, the Rules of Professional Conduct do not prohibit a lawyer from offering a prize to join his social network. But, the opinion goes on, if the primary purpose of the offer is the retention of the lawyer, then the prize will constitute an “advertisement” and, as such, is subject to the rules governing lawyer advertising. And, if the prize is an advertisement and is targeted to specific recipients, and pecuniary gain is a significant motive of the prize, it also will constitute a “solicitation” and will be subject to additional restrictions.
I suppose I would find this opinion more interesting if it wasn’t premised on the idea that there are lawyers who think it’s a good idea to try to win friends with prizes. I humbly suggest that buying your friends is never an advisable strategy for any professional.
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