A good lawyer can admit when he’s wrong
  I consider myself to be very internet savvy. And when it comes to social networking, I’ve got covered. I blog. I have a Facebook account. I’m on Twitter. Am I LinkedIn? You bet!
  It seemed only natural then that, with my labor and employment law background, I should expand my practice and develop social media policies for clients. So, I began drafting social media policies for clients early last year.  With my “lawyer hat” fitted firmly on my head, I made rules and restrictions the backbone my work.
  And that’s not necessarily a good thing.
  My eye-opener came when I spoke at a global conference in Boston as part of a panel discussion on the risks and rewards of employee use of social media. My role at this conference was the risk manager. So I delivered my best gloom and doom spiel. However, the audience -- chock full of business owners and decision makers -- wasn’t having it. 
  In fact, the general consensus in the room among the non-attorneys; i.e., everyone in the room except me, was that employees should be encouraged to use social media. And too many rules may have a chilling effect.
  After the event, I polled some friends in human resources. It turns out, many felt the same way and were offering tips and suggestions for human resources professionals to increase use of social media.
  So I’ll admit it. I was guilty of overlawyering. Too many rules and not enough guidance may send the wrong message to employees who enjoy their jobs and can help strengthen a company’s brand by sharing the company’s vision through the use of social media.
Then again, a little protection couldn’t hurt…
  Even social media’s top advocates must acknowledge that trusted employees –- even those with the best of intentions -– can put their employers at risk by using social media. 
  So why is it then that if so many people in the workplace are making use of social networking sites, and so many businesses promote employee use of social media, that so many companies have yet to develop and implement a social media policy?
  How many businesses do not have social media policies drafted and implemented? In 2008, 90% of them didn’t! Last year that number fell, but not by much. Just over 1 in 3 employers had a social media policy drafted and implemented in 2009.
  If you don’t have a social media policy, don’t fret. You’re definitely not alone.
So here’s what you need to do…
  A little older and a lot wiser, I have five suggestions on how to draft and implement a successful social media policy.
  1. Think. Don’t Google. Developing a social media policy does not mean plugging “sample social media policy” into your favorite search engine and “borrowing” the first policy you find. It’s ok to get some ideas for social media policies by reviewing ones you find online.  However, social media policies are not a one size fits all. Instead, the best social media policies reflect the company’s philosophy, culture, and goals. Before putting pen to paper, this process requires both careful planning and introspection. Conversely, “Ready, Fire, Aim” is a guaranteed recipe for failure.
  2. Incorporate both guidelines and rules. I have read several social media policies that I'll term "permissive." Really, they are nothing more than guidelines for employee use of social networking sites (e.g., be polite, think before you post, consider the company's vision, etc.).
  Other policies are more restrictive (e.g. you can do this, but you can’t do that. And if you do that, you may face discipline).
  The best policies, however, draw from both. They contain both guidelines and some rules governing conduct. The result is a social media policy aimed at building the company brand, while also protecting the company’s legal interests. (To make sure that the company protects its legal interests, consult with an attorney).
  3. But before setting forth any rules or guidelines. Your policy needs to accomplish the following:
  •  Explain to your employees what social media is. Believe it or not, even in today’s tech age, some of them may not know.
  •  Explain that social networking activities may create unnecessary legal or business risk to the company (hence the need for a policy).
  •  Advise that the company reserves the right to monitor employee social networking activities. This is not to say that the company will exercise that right automatically. However, if employees are on notice that Big Brother may be lurking, then they are more inclined to use social media responsibly.
  4. Here are some good guidelines. In terms of guidelines, I suggest incorporating the following into your social media policy:
  •  Emphasize that employee social networking activities should not conflict with any company policies and procedures (e.g., computer use, confidentiality)
  •  Explain your company’s values so that employees may, themselves, hopefully add value.
  •  Counsel employees to assume ownership of what they post online. This means steering employees away from making anonymous posts. Additionally, if employees post something that is inaccurate or in poor judgment, advise them to post a correction.
  •  Remind employees that they must maintain workplace productivity. There is a time and place for social media use, but it should not get in the way of job responsibilities.
  •  Keep it civil and use good judgment. In other words, think before you post.
  5. Then again, I am a lawyer. So I’m still a stickler for the rules. And among the suggestions I give to my clients:
  •  Prohibit employees from using social media to harass or cyber-bully one another
  •  Disparagement and defamation of the company is not tolerated.
  •  Employees may not make use of company logos or trademarks without prior consent from the company.
  •  Employees must abide by all copyright laws.
  •  Disclosure of proprietary or confidential information is not allowed.
  •  Employees who have personal blogs must use appropriate disclaimer language when blogging about matters relating to the company or the company’s industry.
  •  Explain that violation of the social media policy may result in discipline up to, and including, termination of employment.
  These suggestions are certainly not the be-all and end-all to social media policy greatness. The ephemeral nature of technology suggests that I will have to help clients revise their social media policies in the not-too-distant future. However, one thing is certain. Now is the time to address employee use of social media.
  Because social media is not going away anytime soon.
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[This article is for informational purposes and should not be construed or interpreted as either legal advice on any matter or as in any way creating an attorney/client relationship]
  Eric B. Meyer is a member of the Labor and Employment Group at Dilworth Paxson LLP. Readers can contact Mr. Meyer via e-mail (emeyer@dilworthlaw.com) and follow him on Twitter (www.twitter.com/Eric_B_Meyer).