In the fast-evolving landscape of social media, law firms are finding themselves at a crossroads between maintaining professional decorum and respecting the personal expression of their lawyers. The recent firing of an associate at Perkins Coie over controversial social media comments about the death of conservative activist Charlie Kirk has brought this issue into sharp relief. Cari Brunelle, a founding partner at law firm advisory Baretz+Brunelle, emphasizes the importance of having robust social media guidelines that reflect a firm's core values and culture.

Brunelle argues that social media policies should not be about censoring but guiding lawyers to reflect before they post. "You can comment on things as long as they’re not going to be detrimental to others or derogatory. It doesn’t prohibit people from speaking out; it cautions them to pause and think about the ramifications of what they are posting," she stated in a discussion with the American Lawyer.

The absence of clear policies can lead to decisions swayed by emotion rather than principle, potentially putting firms in precarious situations. According to Brunelle, "When organizations don’t have a process that’s followed in every circumstance, their decisions can be driven by emotion instead. And that’s when they get into trouble.” This statement underscores the necessity for consistent and transparent procedures that align with a firm's ethos, ensuring that any public response is understood and anticipated by both the public and the firm's own team.

The incident at Perkins Coie serves as a cautionary tale for other firms. In an era where a single tweet can amplify to viral proportions, the stakes are high. Law firms must balance the fine line between regulation and freedom, ensuring their policies are clear, fair, and preemptively understood by all employees. As social media continues to blend personal and professional worlds, the need for comprehensive, clear guidelines has never been more critical. This approach not only protects the firms’ interests but also supports their lawyers in navigating the complexities of online expression responsibly.