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A legal ethics blog of Prof. Dane S. Ciolino

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Tag: facebook

Discipline / Judicial Ethics / Louisiana Cases / Recent Cases

Judge Disciplined for Sending Ex Parte Facebook Messages to Party in Case Pending Before Him

The Louisiana Supreme Court suspended a Denham Springs judge for four months for engaging in ex parte communications via Facebook Messenger with a party in a case pending before him …

Discipline

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. …

Recent Cases

Lawyer Suspended for Online Comments About “How to Kill Without Consequences”

The Tennessee Supreme Court recently suspended a lawyer from the practice of law for publicly posting comments on Facebook with instructions on how to shoot someone and avoid criminal responsibility …

Judicial Ethics

Judge Reprimanded for Facebook “Likes” and “Shares” on Social Issues

May a judge tacitly comment on social issues of the day by “liking” and “sharing” posts by others on Facebook? No, according to a November 2019 public reprimand by the …

Discipline

Lawyer Disciplined for Fake Facebook Page

On February 8, 2019, the Supreme Court of Pennsylvania suspended a lawyer/prosecutor for creating a fake Facebook page in an effort to catch criminals. See Office of Disciplinary Counsel v. …

Recent Cases

Facebook “Friendship” With Lawyer No Basis for Disqualifying Judge

On November 15, 2018, the Florida Supreme Court finally resolved a conflict among Florida lower courts on the issue of whether Facebook “friendship” is a sufficient basis for judicial disqualification. See Law …

Recent Cases

Facebook “Freindship” with Lawyer Does Not Disqualify Judge

On August 23, 2017, a Florida appellate court ruled that a district judge may preside over a civil action even though she is Facebook friends with a lawyer appearing before …

Ethics Opinions / FAQs

May a Lawyer Advise a Client to Take Down Harmful Facebook Posts?

In Formal Ethics Opinion 5 (July 25, 2014), the North Carolina State Bar addressed a lawyer’s obligation to advise a civil client about social media use. It concludes that a …

FAQs / Recent Cases

Is it Unethical for a Judge to “Friend” a Lawyer on Facebook?

A January 2014 opinion from a Florida court suggests that there’s nothing wrong with it. See Chance v. Loisel, No. 5D13-4449 (Fla. Ct. App. 5th Dist. 2014). In 2012, another Florida …

FAQs / Technology

What Should I Consider Before Using Social Media?

Introduction Weblogs and social networking sites (such as Facebook, Twitter and LinkedIn) are increasingly[1] a part of the everyday lives of lawyers as well as the clients, witnesses, opponents and judges …

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