April 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 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. …
New York Bar Revises Social Media Guidelines
The New York State Bar Association has been at the forefront of providing useful ethics advice to the bar regarding lawyer social media use. 1 On May 31, 2019, the …
New Advisory Opinions on Lawyer Social Media Use
The District of Columbia Bar has issued two advisory opinions addressing many of the legal and ethical implications of lawyer social media1 use. The first opinion addresses lawyer use of social media …
Florida Approves Prelitigation Santization of a Client’s Facebook Page
May a lawyer advise a client to “clean up” social media pages by removing photos, videos, and other information that are “directly related to the incident for which the lawyer is …
West Virginia Bar Issues Social Media Guidelines
In September 2015, the Lawyer Disciplinary Board of West Virginia issued new social media and social networking guidelines. See W.V. L.E.O. No. 2015-02 (Sep. 18, 2015). The term “social media” includes …
New York Bar Updates Social Media Ethics Guidelines for Lawyers
As we discussed here in 2014, the New York State Bar Association issued Social Media Ethics Guidelines last year to help lawyers comply with the rules of professional conduct when …
“Best Practices” for Effective Electronic Communication
The Florida State Bar Association has published a short guide for lawyers who use electronic means of communication–namely, all lawyers. See The Florida Bar Best Practices for Effective Electronic Communication …
May I “Clean Up” My Client’s Social Media Pages in Advance of Litigation?
Yes, but don’t destroy any evidence. A 2015 Florida State Bar Association ethics advisory committee addressed whether a lawyer may advise a client to “clean up” social-media pages in anticipation of …
Cloud Storage, Social Media, and Lawyer Websites: What Lawyers Need to Know
Want to store client files in the “cloud,” use social media, and have a firm website? You should, but using this Internet technology presents a host of ethical issues for …