Friday, March 15, 2013

CLE on Legal Ethics & Social Networking

On Thursday March 28, 2013, the Charles S. Desmond Inn of Court presented a CLE on "Legal Ethics & Social Networking" hosted by ABL. 

ABL will borrow generously from the work of fellow Skadden alumnus Nicole Hyland, whose research and comments are found at

http://www.legalethicsforum.com/blog/2013/01/prudent-social-media-practices-for-lawyers.html

Some of her links include (and lead to these interesting links on the subject)

http://www.netforlawyers.com/content/legal-ethics-opinions-lawyers-attorneys-social-media-investigative-background-research-0045

http://www.netforlawyers.com/content/social-networking-sites-are-valuable-tools-lawyers-beware-potential-ethical-pitfalls

http://www.netforlawyers.com/content/new-york-state-philadelphia-bar-social-media-ethics-opinion-0007

http://www.netforlawyers.com/page/cases-related-attorneys-use-social-networking-sites-background-and-investigative-research

Likewise, ABL also stumbled across this law review article from Touro Law Review (http://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi?article=1138&context=lawreview). 

Here is a short video on the subject, including an interesting hypothetical at the end discussing the differences between an investigator watching a plaintiff versus an investigator "friending" a plaintiff on FB etc. (http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202585881253&Social_media_and_legal_ethics&slreturn=20130215091415)

See also ABL's 4/29/11 post below. 

NY ethics opinions:
http://www.socialmedialawupdate.com/2010/10/articles/ediscovery/legal-ethics-and-the-social-network/

NYSBA Opinion 899 (12/21/11):  lawyer may answer questions in "real time" chatgroup, but may only provide general answers (not individual advice).  If person makes specific request seeking to engage the attorney, then the attorney may provide contact informnation (phone, e-mail etc.) permitting the person to contact the attorney outside of the "real time" site.
http://www.nysba.org/Content/ContentFolders/EthicsOpinions/Opinions825present/EO_899.pdf

NYSBA Opinion 873 (6/9/11):  Offering a prize to join attorney's social networking sites is not prohibited as long as offer is not illegal conduct (which may be governed by other laws, such as those governing games of chance)
http://www.nysba.org/AM/Template.cfm?Section=Ethics_Opinions&template=/CM/ContentDisplay.cfm&ContentID=50963

NYSBA article (9/2012)
http://www.nysba.org/AM/Template.cfm?Section=Home&ContentID=54568&Template=/CM/ContentDisplay.cfm

Social Media liability risks
http://apps.americanbar.org/litigation/committees/professional/articles/summer2011-liability-social-media.html

presentation to Theodore Roosevelt Inn of Court (Nassau County), 11/2011
http://www.slideshare.net/ProfJonathan/social-media-and-legal-ethics

ABA article re pitfalls
http://www.abajournal.com/magazine/article/seduced_for_lawyers_the_appeal_of_social_media_is_obvious_dangerous

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