Passive Lawyer Review of Jurors’ Internet presence is ethical. ABA Formal Opinion 466

The ABA Standing Committee on Ethics and Professional Responsibility recently issued an opinion addressing lawyers’ review of jurors’ internet presence distinguishing: (i) a “passive lawyer review” (i.e., a juror’s webpage is publicly available and the juror is unaware of lawyer’s review); (ii) an “active lawyer review” (i.e., the lawyer actually requests access to the juror’s […]

Massachusetts Ethics Opinion 14-5

Massachusetts Bar Association Ethics Opinion 14-5 [Approved by the Massachusetts Bar Association’s House of Delegates on May 8, 2014]   Topic: lawyer’s contact with unrepresented party via social network Summary: “A lawyer for a party may “friend” an unrepresented adversary in order to obtain information helpful to her representation from the adversary’s nonpublic website only when […]

Barry R. Temkin, Michael Stone, Solicitation by Defense Counsel: Ethical Pitfalls When Corporate Defense Counsel Offers Representation to Witnesses

Abstract: “The ban on solicitation by attorneys in ABA Model Rule of Professional Conduct 7.3, and its state counterparts, has generally been used to prevent ambulance chasing by plaintiffs’ attorneys. However, a recent New York decision has raised the possibility that a defense lawyer could be disciplined for solicitation when offering his services to a […]

Nathan M. Crystal, Ethics Watch: The Year in Review (through November 30, 2011)

South Carolina Lawyer 8 (January 2012) Author reviews the most important developments in professional ethics in 2011: (i) Advertising – Amendments to South Carolina Rules of Professional Conduct; (ii) Advertising – Groupon and similar services; (iii) Advertising—Misrepresentation on websites; (iv) Appointments – Just compensation for legal services; (v) Appointments – Right to counsel in civil […]

Missouri Bar Informal Opinion 2009-0003

Topic: Lawyer Friending Opposing Party From the Opinion: “Attorney’s request to be invited as a friend of Plaintiff’s Facebook/MySpace account would be a “communication” for purposes of Rule 4-4.2. Attorney may not send such a communication directly to plaintiff, in light of that rule”. Relevant Law: Missouri Rule of Professional Conduct 4-4.2 The full text is […]

Connecticut Bar Association, Informal Opinion 2011-4

 Professional Ethics Committee Topic: Hiring Private Investigator to “Friend” Opposing Party on Social Networking Sites From the Opinion: “In conclusion, in the Committee’s opinion, under the facts presented, a lawyer may not hire an investigator to “friend” an adverse party in litigation. to develop evidence to be used against that party”. Relevant Law: Connecticut Rule of […]