Social Networking Policy for State Bar of Wisconsin Entities

Last revised: 8/13/2009

Social networking is quickly emerging as an important way for an association to interact with its members and the public, and facilitate member-to-member dialog. Social networks (such as, but not limited to, blogging, microblogging, communities, networking sites, and social media) offer opportunities for outreach, information sharing, and interaction.

The State Bar of Wisconsin supports the use of these Internet technologies to increase member engagement, build community, and improve access to knowledge, resulting in greater value to our members.

The following policy applies to State Bar of Wisconsin volunteers, sections, committees, divisions, and related programs or groups ("Entities") wishing to use the State Bar's name and/or graphic identity (logo) in conjunction with the creation or maintenance of a social networking presence that identifies the entity as being sponsored by or affiliated with the State Bar.

Administering the social networking site

Each State Bar Entity desiring a social network presence will designate a representative to serve as its administrator. Site administration, including set up, content development and management, and administration of these policies, is the responsibility of the sponsoring Entity, which shall appoint an individual to administer the social network site ("Site Administrator"). The Site Administrator will provide the State Bar staff liaison with administrative access to the social network in the event emergency assistance is needed. Entities are responsible — in conjunction with their respective Site Administrators and all those individuals participating in a social network established under this policy — for complying with these guidelines.

Guidelines for social networking

In sum, be professional, respectful, and discreet in your online dialog. Represent the State Bar and your profession well. Exercise good judgment. State Bar members who fail to do so, or who fail to comply with these guidelines, may not only forfeit the right to participate in social networking activities sponsored by the State Bar, but may also be subject to penalties and discipline for failing to adhere to applicable Rules of Professional Conduct, as well as civil or criminal liability and penalties, as warranted.

1. Be responsible. You are personally responsible for the material you post. All statements must be true and not misleading. Carefully consider content; what you publish will be widely accessible for some time and, in some cases, indefinitely. Protect your privacy and the privacy of others, and adhere to all statutory prescriptions and Professional Rules of Conduct governing the privacy of individuals and confidential information of your clients.
2. Be upfront, identify yourself. Your honesty – or dishonesty – will be quickly noticed in the social networking environment. Use your real name, and, if relevant, your role or interest in the topic discussed. When appropriate, make it clear you are speaking for yourself and not on the State Bar’s behalf.
3. Be civil, respectful. It's okay to disagree with others, but do not use defamatory, abusive, threatening, offensive, or obscene language or post illegal material.
4. Be quick to correct an error. If you make a mistake, admit it. Quickly provide the correct information. If appropriate, modify an earlier post to make it clear that you have corrected an error.
5. Keep it relevant, add value. Write about what you know. Information can add value if it contributes to the legal community’s knowledge or skills, improves the legal system or public understanding of the legal system, or builds a sense of community.
6. Follow copyright and fair use laws. Always give people proper credit for their work. Make sure you have the right to use material with attribution before publishing. It's a good practice to link to others' work rather than reproducing it on your site. When in doubt, as to the proprietary nature of material, don't use it. Recognize the potential professional and legal consequences of any failure to follow applicable laws governing the use of others' material.
7. Protect proprietary and client information. Do not discuss or misuse proprietary or confidential information, and follow all professional and ethical rules governing the disclosure of information shared with you by clients. When in doubt, leave it out.
8. Refrain from endorsements of political candidates. The activities of the State Bar are defined by Wisconsin Supreme Court rules, and those rules apply to social networking activity. As a membership organization, the State Bar needs to avoid even the appearance that it directly or indirectly endorses or financially supports candidates for political office.
9. Comply with Wisconsin rules governing lawyer advertising. Comply with all restrictions governing legal advertising when posting content to any social network, including one being administered by an Entity.
10. Do not violate antitrust laws. Antitrust laws prohibit postings that encourage or facilitate agreements between State Bar members concerning the following, as they pertain to legal services: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins or cost data; market shares, sales territories, or markets; allocation of customers or suppliers; or any other term or condition related to competition.
11. Abide by the social network's rules. By joining a particular social network, you agree to abide by that community’s terms of use, so review those terms carefully.

Using the State Bar's name and/or logo

State Bar entities may incorporate the State Bar’s name and/or logo into their social networking identity with prior approval from the State Bar. To create consistency and community on the Web, the State Bar has established standard logo templates, disclaimers, and naming conventions. The Site Administrator for an Entity must work with assigned staff liaison from the State Bar to coordinate approval, the development of the social network graphic, and other site requirements.

Enforcing this policy

The State Bar does not actively monitor these sites for inappropriate postings. If an inappropriate posting is brought to the attention of the State Bar, however, the State Bar will take appropriate action to enforce this policy.

Approved by State Bar Board of Governors, Sept. 12, 2009