Is “Tagging” A Communication?
Louisiana Rule of Professional Conduct rule 4.2 prohibits lawyers from communicating with represented persons without authority either from the law, the court, or the represented person’s lawyer. Whether a lawyer’s …
ABA Issues Opinion on “Reply to All” in Electronic Communications
On November 2, 2022, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 503 addressing a lawyer’s use of “Reply to All” in email communications. See ABA …
Ethical Email Etiquette For “Reply To All”
Embarrassment is often a person’s first reaction after hitting “reply to all” when sending an email that required only a “reply.” If the email was inappropriate, the sender suffers, at …
May 2022: Worried or Wondering?
You’ve been busy focusing on what matters most. We have been handling the rest. Here is a summary of some of the more interesting or frequently asked questions we received …
May A Lawyer Communicate With A Former Employee Of A Represented Organization Without Obtaining The Consent Of The Organization’s Counsel?
Yes, according to a recent State Bar of Georgia advisory opinion. See State Bar of Georgia Formal Advisory Op. 20-1. The advisory ethics opinion provides guidance on the application of …
May a Lawyer Investigate Opposing Counsel’s Client on Facebook?
Lawyers know—or should know—that they may not communicate with an adversary’s client about the subject of the representation without the other lawyer’s consent. See La. Rules of Prof’l Conduct, r. …
The Ethical Pitfalls of “Reply to All”
Embarrassment is often a person’s first reaction after hitting “reply to all” when sending an email that required only a “reply.”1 If the email was inappropriate, the sender suffers, at …
Ethics Opinion Clarifies When Lawyers May Communicate With Represented Persons
Lawyers are often confused about the applicability and scope of the no-contact provisions of Rule 4.2. That rule provides that a “lawyer in representing a client shall not communicate about …
Complaint Alleging Improper Facebook “Friend” Request Allowed to Proceed
The New Jersey Supreme Court refused to dismiss a grievance against John J. Robertelli for allegedly improper conduct associated with a Facebook “friend” request. In order to obtain information about a …
Social Media Ethics Guidelines for Lawyers
The New York State Bar Association has issued Social Media Ethics Guidelines to help lawyers comply with the rules of professional conduct when using media such as Twitter, Facebook, LinkedIn and …