Remembering TCPaul, 2016-2019

Duty to remove or update Linkedin profile?

You see a lot of these out there and you know they are stale demwave03/18/19
Damages? jeffm03/18/19
I can't imagine such a duty existing generally. You apply to onehell03/18/19
Some have not been updated for years or several months to sa demwave03/18/19
That would probably be in the user's interest, but it would onehell03/18/19
Half of people on Facebook are fake too triplesix03/18/19
They’re all Shad or greenday. midlaw03/19/19
under the rules of professional conduct, lawyers do have a d dingbat03/18/19
Yeah. If the bar wants many of the ethics rules to exist in onehell03/18/19
outside of family law, and to a lesser degree crim, bar comp dingbat03/18/19
So what do you do with the undesirable, inaccurate skills en wutwutwut03/18/19
I believe you need to ask the person to remove the endorseme dingbat03/18/19
So if you ask and they ignore you, and you have that documen wutwutwut03/18/19
You can hide the endorsement on LinkedIn. midlaw03/19/19
Another type of thing I see for example: an attorney that I demwave03/18/19
I see what you are saying... We should just tattoo loser on triplesix03/18/19
demwave (Mar 18, 2019 - 1:57 pm)

You see a lot of these out there and you know they are stale but not updated. Isnt there a duty to update or delete them once no longer accurate? To not update is akin to spreading fake news! You know they guy isnt in biglaw anymore or the CEO of the company so...........

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jeffm (Mar 18, 2019 - 2:21 pm)

Damages?

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onehell (Mar 18, 2019 - 2:30 pm)

I can't imagine such a duty existing generally. You apply to a job and you give them the stuff you want to consider on their application form and on your resume. If they take it upon themselves to look you up on LinkedIn and hire you based on that, then that's on them.

However, for lawyers looking for clients, it could be a different story. There was recently an article in one of my bar magazines about the idea that not updating the profile, or even being subjected to "endorsements" of others that may imply specialization not recognized by the bar or experience that you don't actually have, could be prosecuted as misleading attorney advertising. For example, one day someone endorsed me for "products liability" for reasons known only to them, as I've never handled such a matter.

Seemed pretty theoretical to me, especially since in my neck of the woods the bar just responds to complaints and does not actively seek out cases to prosecute. But nonetheless, people do go on linkedin looking for lawyers and a creative bar ethics person could view your linkedin page as advertising, so it should be on the radar.

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demwave (Mar 18, 2019 - 2:34 pm)

Some have not been updated for years or several months to say the least. Should there not be some kind of flashing disclaimer saying to the effect that the profile you are looking at may be stale and an inaccurate representation of the current state of events?

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onehell (Mar 18, 2019 - 2:37 pm)

That would probably be in the user's interest, but it would be contrary to LinkedIn's interest to implement such a feature. They want to be able to say they have as many users as possible. Dating sites are often full of stale or unused profiles (and even bots) for much the same reason.

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triplesix (Mar 18, 2019 - 2:49 pm)

Half of people on Facebook are fake too

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midlaw (Mar 19, 2019 - 5:25 am)

They’re all Shad or greenday.

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dingbat (Mar 18, 2019 - 2:56 pm)

under the rules of professional conduct, lawyers do have a duty to keep their linkedin accurate. Stale information is bad, but equally importantly is to avoid endorsements from people who don't know (e.g. your mother)

From a practical perspective, someone would first need to file a bar complaint:

1: a**hole files frivolous complaint
2: ethics committee asks you to verify
3: "well, I really haven't been paying attention. It was true when I wrote it, but, oops"
4: non-public reprimand: "just fix it now, okay?"

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onehell (Mar 18, 2019 - 4:00 pm)

Yeah. If the bar wants many of the ethics rules to exist in more than theory, or to apply in situations where they may not have actually hurt a client to such an extreme that they'll file a grievance, then they need to implement some kind of a random auditing program. The current system of just reacting to complaints not only lets an awful lot of stuff go unnoticed, it also causes a serious selective enforcement problem because business clients don't generally do stuff so undignified as to file a bar grievance - they'll work it out at the conference table if there's an issue. That leaves the vast majority of the enforcement levied almost exclusively against small firms and solos who do highly emotional stuff like family law, which really isn't fair.

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dingbat (Mar 18, 2019 - 11:00 pm)

outside of family law, and to a lesser degree crim, bar complaints are exceedingly rare. and I think something like 90% of all sanctions are for one of two reasons:

a) screwing around with client's money
b) just not bothering to do your job (missed court dates and/or deadlines, not updating scumbag clients, failure to respond for weeks on end)

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wutwutwut (Mar 18, 2019 - 2:57 pm)

So what do you do with the undesirable, inaccurate skills endorsement someone slaps on your linkedin profile?

Can you delete such off your profile? (I have zero social media presence, so I'm ignorant here.)

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dingbat (Mar 18, 2019 - 2:58 pm)

I believe you need to ask the person to remove the endorsement. I really have no idea, I haven't updated my linkedin in years

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wutwutwut (Mar 18, 2019 - 2:59 pm)

So if you ask and they ignore you, and you have that documented, I suppose that would act as a shield to the situation you outlined above.

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midlaw (Mar 19, 2019 - 5:28 am)

You can hide the endorsement on LinkedIn.

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demwave (Mar 18, 2019 - 3:07 pm)

Another type of thing I see for example: an attorney that I temped with doing doc review 22yrs. ago at a big law firm now has that same experience listed as 2 yrs. in the litigation department of that same firm. I know 22 yrs. ago is a long time but...........

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triplesix (Mar 18, 2019 - 3:21 pm)

I see what you are saying... We should just tattoo loser on his forehead so that there is no way for him to spin!

It is only fair to the higher achievers, esp from other industries, to know what they are really dealing with. Otherwise that jd might get them confused!

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