We’re strong advocates of lawyers using social media. Mostly, we talk about social media as a business development tool that lawyers can use to generate referrals, build lasting relationships, and enhance their reputations.

But the litigators out there may be wondering: can I, and should I, use social media in connection with active cases? It’s a good question, given the obvious confidentiality issues that go hand-in-hand with discussing an ongoing matter in a public forum. Luckily, the ABA Journal’s Stephanie Ward just tackled the subject in a podcast with plaintiffs’ attorney Anthony Johnson (who was named one of the publication’s “techiest lawyers” in 2012).

Can I, and should I, use social media in connection with active cases?

It’s a 20-minute listen that is well worth the time for those interested in the subject. The discussion covers topics like:

• What are the benefits of social media campaigns around ongoing litigation?
• Should lawyers enlist outside vendors to draft tweets or other social media posts?
• What is the ideal number of posts per day?
• Should attorneys engage with those who comment on their social media posts?
• How should a team of lawyers vet their social media posts to ensure they don’t raise any issues?
• What platforms are the best to use?

Our take: well-structured social media campaigns about ongoing litigation, with appropriate controls in place, can benefit lawyers in multiple ways. For cases of public interest, they can be an effective litigation PR tool. Also, they offer all of the business development benefits (enhanced reputations, etc.) of social media campaigns that don’t touch on active cases.

It’s worth considering, and the ABA Journal podcast is a good place to start for ideas.