Serving as counsel to a private school board, I had the chance to join their recent retreat, and I think it went pretty well. I gave a talk on fiduciary responsibility, what it means for the board, how it shapes every decision, and how duties extend beyond the four walls of a classroom. We even touched on social media, which, in today’s world, can be both a blessing and a liability for schools.
That reminded me of a story I wrote about in Full Circle. Fifteen years ago, I told the managing attorney at my old law firm that I wanted to use social media to build a national ERISA practice. You’d think I suggested selling fish out of a trunk on Sunrise Highway and Route 110. She was visibly displeased, as though the mere thought of self-promotion was unbecoming of a lawyer. The firm, already too old in its thinking, couldn’t see where things were headed. And as I predicted, it’s now less than half its size compared to when I left in 2010.
Why do I share this? Because it’s vindication, yes, but also a real-world example of how communication tools—whether Twitter, LinkedIn, or a blog post like this—aren’t frivolous. They’re powerful. They built my practice. They gave me a national platform. And for schools, boards, and nonprofits, they can be equally powerful tools for engagement, transparency, and trust, when used wisely.
Fiduciary duty isn’t just about numbers on a balance sheet; it’s about vision. It’s about seeing risks and opportunities before they knock you over. And sometimes, it’s about not being afraid to sell a dish or two from the trunk if it helps you get the word out.
