The attorney employer has a legitimate interest in hiring the best employees possible, and in monitoring the employees’ compliance with both internal rules and policies regarding the use of social media and the overall firm duties to its clients and to the Rules of Professional Conduct. To that end, review and monitoring of employee and prospective employee social media posts can be very helpful.
Social media has become part of the fabric of our society, including those who work for and apply to work at law firms. Seven years ago, less than 10% of Americans were part of a social media site. Today, 69% of all adults with online access are part of a social media site, and over 90% of those between the ages of 18 and 29 participate in social media. As of February of 2012, 89% of social network site users had a Facebook account, which translates into 66% of all online adults.