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It's risky and insecure – so why do we love it so much?

Email and social media, of course!  How many of us could imagine life without email, LinkedIn, Facebook or Twitter? 

Unfortunately, as with many things that we use frequently, we tend to underestimate the risks and fail to apply some basic risk management.  This week's SDT decision, fining three partners who exchanged sexist emails1 is just the latest case-in point. Almost ever week produces a news story about accounts being hacked, private comments reproduced in public areas and politicians, business leaders and celebrities damaging their careers by thoughtless posts.

Re-read important emails before sending

The first consideration is security. Most people think that the greatest risk is of a criminal (or a bored teenager) gaining access to their email account, but in fact we tend to put ourselves at risk on a daily basis by simply not considering what we post.  When you email someone it may feel as if you're having a confidential conversation with them, but in reality you may as well be shouting in a crowded room – one accidental 'reply to all' and your sarcastic remarks, secrets and personal convictions could be shared with a much wider audience.

In a legal context, at best this could lead to an embarrassing apology – there are many well-recorded instances of staff at law firms finding themselves in the news because of rude or discriminatory remarks about colleagues.  At worst, it could lead to you prejudicing your client's case and even disciplinary action if you have breached the principles governing conduct.

Have a considered Social Media Policy, & ensure it is enforced

Posting on Twitter, Facebook or other 'open' platforms is inherently risky – these are great opportunities for promotion because anyone can read what you write, and this is also where the danger lies.  Most users are aware of this, and most firms will have policies in place to prevent individuals posting in a business capacity. 

Although software can be designed to reduce the risk of email misuse, it is always going to be a danger to any business.  The sheer volume of traffic makes it impossible to monitor in the same way that we check letters or documents.

Policy and training are the answers to most of the risks involved – educate your staff about the dangers of careless posting and make sure they understand this, or they are unlikely to appreciate the need for rules.  Institute clear policies about the use of email and social media and make sure everyone has read and signed up to them.  It may not prevent a maverick post escaping but it may help to convince your professional body (or your insurers) that you had identified the risks and taken steps to reduce them. 

Download our Internet & Communications Policy template, produced in conjunction with Lexis Nexis, using the link below.

Top Tips for safe use of email and social media

  •   For important client-facing communications, type a letter and email it as an attachment to a covering email
  • Double check the email address of the addressee(s) - and ensure you have the right addresses before you press send
  • Ideally, type the body of an email first, and add the recipient email address at the end
  • Do not 'reply to all' without first considering whether you really need to send your comments to all recipients
  • We very aware of any postings you make, in a professional or a personal capacity on social media. Remember the sexism row caused by lawyer, Alexander Carter-Silk's posting on LinkedIn!
  • Be cautious regarding how much information you make public in any social media profile.  The safest approach is to only make limited information available to established contacts
  • We wary of accepting unsolicited 'friend' or Linked-In requests.  Check that the person is someone that you do actually know.

For more information on this topic or any related compliance and risk issue, please contact us.   We have a dedicated risk management resource specifically to help your practice remain compliant.

1. Law Gazette report on the SDT decision

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