Author discusses if/when a lawyer can tell a client to “clean up” social media accounts. Article refers to Crowe v. Marquette Transp. Co. Gulf-Inland, LLC, 2015 WL 254633 (E.D. La. Jan. 20, 2015). The full text is available at http://www.forbes.com…
Tags: LAWYERS' DUTY OF COMPETENCY, LAWYERS' USE OF SOCIAL NETWORKS, SANCTIONS FOR LITIGATION MISCONDUCT, SPOLIATION OF EVIDENCE
Author answers the question “Is there any ethical prohibition on counsel advising the client to change her privacy settings to be more restrictive, that is, to limit or deny access to certain social media account information?” The full text is available at http://www.newyorklegalethics… New York Rules of Professional Conduct: 1.1; 3.4(a)(1) Mentioned ethic opinions: New […]
Tags: LAWYERS' DUTY OF COMPETENCY, LAWYERS' USE OF SOCIAL NETWORKS
YourABA 2014 The article discusses the following topics: Email: To encrypt or not to encrypt? Reference to ABA Formal Opinion 99-413, 11-459 and 11-460; North Carolina Opinion 2012-5 (2012) Portable devices. Reference to California State Bar Opinion 2010-179 Cloud Computing. Reference to Alaska Opinion 2014-3; Washington state bar Opinion 2215 (2012); California State Bar Interim Opinion 11-0004 […]
Tags: CLOUD COMPUTING, LAWYERS' ENCRYPTION OF INFORMATION, LAWYERS' USE OF SOCIAL NETWORKS, METADATA, SUPERVISION OF LAWYERS AND PARALEGALS
(podcast with transcript) ABA Journal, Dec. 1, 2014 From the article: “Social media is an easy (and often free) tool that litigators can use to share their clients’ stories. But how much is too much, and what if you post something that you’ll regret later? In this month’s Asked and Answered podcast, we speak with […]
Law Technology News, Aug. 29, 2014 From the article “It’s almost always a bad idea to tell clients to “clean up” their Facebook accounts”. Author describes several authorities discussing lawyers’ conduct while advising clients on the use of social media sites, like Facebook, LinkedIn and Twitter. Mentioned Ethics Opinions: New York County Lawyers Association Ethics […]
Tags: LAWYERS' DUTY OF COMPETENCY, LAWYERS' USE OF SOCIAL NETWORKS, SANCTIONS FOR LITIGATION MISCONDUCT, SPOLIATION OF EVIDENCE
South Carolina Lawyer 10 (Jul. 2014) Author discusses the basic principles that govern lawyers’ conduct while using social media sites, like Facebook, LinkedIn and Twitter, to obtain information in litigation about parties, witnesses, and jurors. From the article: “Several basic principles govern lawyers’ conduct. In dealing with other participants in a proceeding, lawyers must not […]
Tags: LAWYERS' DUTY OF COMMUNICATION, LAWYERS' DUTY OF COMPETENCY, MISREPRESENTATION, SUPERVISION OF LAWYERS AND PARALEGALS
Author discusses Philadelphia Bar Association Opinion detailing how lawyers may instruct their clients on the use of social media. Referenced Authorities: Philadelphia Bar Association Opinion 2014-5 The full text is available at: http://m.thelegalintelligencer…
Tags: LAWYERS' DUTY OF COMPETENCY, LAWYERS' USE OF SOCIAL NETWORKS
3 St. Mary’s Journal of Legal Malpractice & Ethics 204, 225, 228-29 (2013) The full text is available at: http://www.stmaryslawjournal…
Tags: ATTORNEY-CLIENT PRIVILEGE, LAWYERS' DUTY OF COMPETENCY, LAWYERS' DUTY OF CONFIDENTIALITY, LAWYERS' USE OF SOCIAL NETWORKS, MISREPRESENTATION, NO CONTACT RULE, SPOLIATION OF EVIDENCE, SUPERVISION OF LAWYERS AND PARALEGALS
19 Rich. J.L. & Tech 11 (2013), available at http://jolt.richmond.edu/v19i3/article11.pdf From the Article: “As the newest pillar of communication in today’s society, social media is revolutionizing how the world does business, discovers and shares news, and instantly engages with friends and family. Not surprisingly, because social media factors into the majority of cases in some […]
36 Am. J. Trial Advoc. 597 (2013) The full text is available at: https://litigation-essentials.lexis… (with subscription)