Should Lawyers Check Prospective Clients' Social Media?

Last week, following a blog post about whether employers should check the social media profiles in assessing potential employees, Professor Bassett posed the question of whether lawyers should check the social media of prospective clients. His comment specifically asked, "For the sake of argument, let's say I decide I won't represent racists, misogynists, homophobes, or insurrectionists. There are plenty of lawyers who will, so I would not be denying anyone access to the appellate legal system. Is this a legitimate use of social media and my discretion in deciding whom to represent?"

My perspective is simple: yes, it is absolutely appropriate for a lawyer to check a prospective client's social media in deciding whether to represent them. Lawyers need to gain an understanding of the whole person they are going to work with for the duration of the representation, and social media can be very enlightening. A lawyer-client relationship is a contractual arrangement between private parties, and therefore lawyers have broad discretion in deciding who to represent.

In my opinion, checking a prospective client's social media profiles fits squarely within that discretion, and is not an inappropriate use of social media. After all, the client has decided to publish that content online, and a lawyer is merely viewing it to gain a better understanding of that person before entering into a contractual relationship with them. If anything, it's smart to do so.