Mark A. Berman, Counseling a Client to Change Her Privacy Settings on Her Social Media Account

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 […]

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Peter Geraghty, Cybersecurity and the use of emerging technologies, Part 1 and Part 2

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 […]

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Stephanie Francis Ward, How Can you Use Social Media Responsibly to Promote your Clients’ Cases?

(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 […]

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John Browning, Dancing Around Facebook Spoliation

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 […]

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Nathan M. Crystal, Using Social Media to Investigate Juror

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 […]

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John G. Browning, Keep Your “Friends” Close and Your Enemies Closer: Walking the Ethical Tightrope in the Use of Social Media

3 St. Mary’s Journal of Legal Malpractice & Ethics 204, 225, 228-29 (2013) The full text is available at: http://www.stmaryslawjournal…

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Justin P. Murphy & Adrian Fontecilla, Social Media Evidence in Government Investigations and Criminal Proceedings: A Frontier of New Legal Issues

19 Rich. J.L. & Tech 11 (2013), available at   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 […]