Pennsylvania Bar Association Formal Opinion 2014-300

The Pennsylvania Bar Association issued a formal opinion on attorneys’ use of social media. The opinion deals with the following issues: (1) whether attorneys may advise clients about the content of the clients’ social networking websites; (2) whether attorneys may connect with a client or former client on a social networking website; (3) whether attorneys […]

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 […]

Advising Clients About Changes and Deletions in Their Social Media

Philadelphia Bar Association Opinion 2014-5 Professional Guidance Committee  The Philadelphia Bar Association issued an advisory opinion on advising clients on the use of Social Media. The opinion concerned the following issues: (i) whether a lawyer may advice a client to change privacy settings on her Facebook page; (ii) whether a lawyer may instruct a client […]

Canadian Bar Association’ s Report “Futures: Transforming the Delivery of Legal Services in Canada”

This August, the Canadian Bar Association has issued a report titled “Futures: Transforming The Delivery Of Legal Services In Canada.” Starting from the concept that “globalization, technology, and market liberalization” are changing the environment in which lawyers work and that lawyers must be responsive to the changed needs of their clientele, the Canadian Bar Association […]

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 […]

A proposed California ethics opinion warns lawyers of their duty of competence and confidentiality in e-discovery

Based on a hypothetical situation in which an attorney – mistakenly believing that the existing clawback agreement is broader than it is and would allow recovery of inadvertently produced material –  agrees with opposing counsel that his client’s database could be searched with search terms that the opposing counsel suggests.  Attorney does not review material […]

Richard P. Callison, Social Media and the Clash of Competence and Communication in the Juror Selection Process

Concerned about the ethical propriety of researching the venire? Perhaps lawyers should be equally concerned about failing to employ investigative tactics to aid in jury selection. New York City Bar Formal Opinion 2012-2 illustrates this issue: “Just as the internet and social media appear to facilitate juror misconduct, the same tools have expanded an attorney’s […]