SCCBA SOCIAL NETWORKING SITE POLICIES
The following are SCCBA policies which apply to content and use of social networking sites by all users:
• Content which is not related to the SCCBA or the Entity sponsoring the Site should not be posted (i.e., advertising for other organizations (even legal related organizations); promotion of activities or products not sponsored by the SCCBA);
• Content endorsing or promoting political candidates, campaigns or ideas should not be posted, including judicial elections unless the Entity has SCCBA authority to endorse such candidates;
• Content must comply with the California Rules of Professional Conduct, with the SCCBA Code of Professionalism and California attorney advertising rules;
• Content must comply with right to privacy, copyright and fair use laws; the notice attached to these policies as Appendix A and titled “DMCA 512 Notice” must be posted or linked and clearly identified on each social networking site.
• Content shall not be subject to antitrust claims. Antitrust laws prohibit postings that encourage or facilitate agreements between State Bar members concerning the following, as they pertain to legal services: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins or cost data; market shares, sales territories, or markets; allocation of customers or suppliers; or any other term or condition related to competition.
• All users must comply with the social network’s rules.
In sum, be professional, respectful, and discreet in your online dialog. Users of SCCBA Entities’ social networking sites represent the SCCBA and the legal profession. Exercise good judgment. SCCBA members who fail to do so, or who fail to comply with these policies, may not only forfeit the right to participate in social networking activities sponsored by the SCCBA, but may also be subject to penalties and discipline for failing to adhere to applicable Rules of Professional Conduct, as well as civil or criminal liability and penalties, as warranted.
Enforcing this policy
The SCCBA does not actively monitor these sites for inappropriate postings, though it reserves the right to do so. If an inappropriate posting is brought to the attention of the SCCBA, however, the SCCBA will take appropriate action to enforce these policies, including removing the offending content and/or removing the networking site and suspending the approval for the SCCBA Entity to maintain a social networking site.