Abstract
Social media provides the opportunity for individuals to connect and share their thoughts and opinions—regardless of whether those thoughts and opinions are carefully construed, or just downright nasty. Consumers review hotels, restaurants, retailers, and yes, lawyers, too. Individuals often motivate to post an online review because they have had either an excellent experience or a terrible one. Online posters also frequently share their opinions about current events and politics. Again, the individual may be posting from a place of passion, anger, or joy about an event or political issue.
Only in extreme situations do social media platforms block the content; however, the legal profession has experienced the negative consequences of negative commentary as career ending, reputation damaging, or incredibly embarrassing events. This article seeks to explore some of these events, and the underpinnings and nuances of why individuals, including lawyers, throw caution to the wind only to suffer the impact of the storm that ensues.
This article will first explore the nature of communication and the components of competent communication. It will then discuss the evolution of communication as a vehicle for social connection and the history of social media—both in its analogue and digital state. Next, the article will report on lawyers use of social media and explore three categories of negative commentary: current events, cases, and negative online reviews. Then the article will explore why lawyers trip on social media landmines from a cultural perspective and from the standpoint of self-awareness. Finally, the article will explain why self-awareness is a crucial element in communication and decision making and discuss some of the pathways to self-awareness through the lens of brain science, mindfulness, and psychology.