Carla R. Walworth, Mor Wetzler, Social Media: Threats to Confidentiality and Privileged Communications

American Bar Association, The Young Lawyer, Vol. 16 No. 9 (July/August 2012)

Excerpts from the Article:

Technology has recently transformed communications between lawyers and their clients and poses unique problems for preserving the attorney-client privilege, the work product doctrine, and lawyers’ ethical duty to maintain client confidences.

[…] Social media sites provide a potential forum to waive the privilege through public disclosure of confidential information. With increasing frequency, litigants and even government investigators are turning to social media websites for evidence. Courts have addressed whether a person can ever have a reasonable expectation of privacy in communications posted on social media websites, and whether such postings automatically waive the confidentiality of an otherwise privileged communication.

Recent decisions indicate that communications made over social networking sites are not confidential.”


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