What’s Trending in 2012? According to Lawyer-to-Lawyer podcast, what we can see in 2012 is a social media trend usage increase like “posting on the wall” or messaging. These things are becoming evidence that can be used in court. According to this podcast, the more we use social media websites like Facebook or LinkedIn, the more evidence we are putting out on the web. Regardless if it is private, it is not privileged. A divorce attorney or an insurance lawyer can check your Facebook to track what you have been doing, discussing, etc. It is just like your child saying, “Mom, I was at Bobbie’s house last night studying calculus” and you going on his Facebook to discover he was at Cindy’s house party. Lawyers can do the same. It has been said over and over again, you have to be careful what you put on the Internet.
Legal Blogging, Ethics, and First Amendment Rights. Lawyers also need to pay close attention to what they blog about: “Should Lawyers blog about their cases?” Even with client’s consent? Absolutely not. What would be the purpose sharing this information? Some lawyers are posting circumstances that relate to cases they are working on by using surnames and changing some of the details of the case. Even after listening to this podcast, I still do not see the need to post information about cases on the Internet. I understand that lawyers may discuss cases over dinner or at a bar like businessman discuss business deals; however, posting this type of information on the Internet in unethical.
What you put on the Internet can include ideas or concepts that can be considered intellectual property. If you post an idea on Facebook and then someone else takes that idea and creates a popular U-Tube video or short film based on that idea, are you protected by IP laws? According to Gene Quinn, “there is no effective way to protect an idea.” Inside the American Invent Act, Peter Lando discusses with Mike Crosby the patent process and the changes that have been recently made to the process. The “post-grant review is a step in the right direction…hopeful it will be a low cost to review patents… and could be a success” Crosby stated. This is one of the best ways to protect your idea, concept, invention, etc. but one needs to keep close attention to the changes that are currently happening.
How does this relate to my business plan? I, along with others who are looking to start a new business, need to be aware of the legalities of blogging or posting our ideas on the Internet. Though blogging allows us to share ideas or concept like a think-tank, it also allows others (that you may or may not know) to gain access to an idea that may become profitable to you or your business. In a world where your business needs to have a strong Internet presence, your ideas do not need to be so exposed that another brand can make money off your unique idea or concept.
Referring back to Facebook posting, your online presence or brand goes beyond the workplace now. Just like how lawyers can use what you post on your Facebook wall as evidence, businesses can use the same information as a reason for not partnering or hiring your company or you. Your brand continues into your personal life more so than it has done in the past. It is important to keep it professional both on and off line.
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