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Showing 7 posts in Social Media.

Is it Time to Reconsider Restrictions on Responding to Negative Online Reviews?

A recent disciplinary decision from Colorado suspending an attorney for 18 months for "internet postings that publicly shamed [a divorcing] couple by disclosing highly sensitive and confidential information gleaned from attorney-client discussions" (among several other violations of Colorado's Rules of Professional Conduct (RPCs)) demonstrates that however provoked and angry a lawyer may feel about clients or former clients, using the Internet to vent those feelings is a very bad idea. In People v. James C. Underhill Jr., (2015 WL 4944102), decided Aug. 12, 2015, the Presiding Disciplinary Judge in Colorado suspended attorney AttorneyU for 18 months, and also required that, in order to be reinstated, "[Attorney U] will bear the burden of proving by clear and convincing evidence that he has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law." More ›

Do not "E-shame" your Clients

The Colorado Supreme Court has suspended an attorney who posted confidential information about former clients on the Internet. More ›

Don't hit Delete on that Embarrassing Photo just Yet

In the age of technology, lay persons and attorneys alike all question what can and cannot be used and what can and cannot be done with regard to social media pre-litigation. Recently, in Florida, the Florida Bar issued Proposed Advisory Opinion 14-1 regarding "the ethical obligations on advising clients to 'clean up' their social media pages before litigation is filed to remove embarrassing information that the lawyer believes is not material to the litigation matter." More ›

Mining the Social Media Treasure Trove

It would be a platitude, of course, to observe that the advent of social media coupled with advances in electronic technology have revolutionized interpersonal communications. People no longer write letters, they send "wall-to-wall" messages; they no longer write in diaries, they blog or post status updates; they no longer keep photo albums, they upload photos into Instagram or videos on Youtube; they no longer hand out business cards, they "follow" people on Twitter or extend "friend requests" on Facebook. Through social networking sites ("SNS") like Facebook, MySpace, Instagram, YouTube, Snapchat and micro-blogging sites like Twitter, people have taken to recording and uploading every thought, every activity, every place ever visited and even every meal ever taken into cyberspace. More ›

Look Before tou Friend: New York State Bar Association Issues Social Media Ethics Guidelines

Times, they are a changin’, particularly in the social media area, where privacy is rapidly becoming a thing of the past as people voluntarily divulge information about themselves in a variety of ways. In today’s day and age, hardly a day goes by without a new app, new website or new platform being introduced that allows people to share everything from photos of cats, videos of their children dancing to songs, and opinions on every topic imaginable.  Thanks to social media, lawyers now have unprecedented advertising capabilities as well as the ability to research potential clients, adversaries, witnesses and jurors. With great power, however, comes great responsibility, and in taking advantage of social media outlets such as Facebook, LinkedIn and Twitter, lawyers must not only be cognizant of the various ways that social media sites function, but courts and bar associations across the country are imposing upon lawyers the obligation to be aware of the various ethical rules implicated through use of social media.  More ›

And you say he's just a "Friend": Contacting an Unrepresented Party Through Online Social Networks

Rapper Biz Markie isn't the only one questioning the meaning of a "friend." Blog posts, Facebook, Twitter and other online social networks all have the potential to be useful litigation tools. Let's face it (pun intended), who among us hasn't googled opposing counsel, the opposing party, witnesses or even the judge? Although many of us may be careful to constantly monitor our own privacy settings, most lay litigants, who are not used to being on anyone's radar, may not. As the Miranda warning goes — "You have the right to remain silent. Anything you say can and will be used against you."   More ›

Avoiding Ethics Problems in Social Media — Phone a Friend

Lawyers are social animals and when they feel emotionally tethered to a desk, a billable hour requirement or some other unpleasant aspect of being a lawyer, their use of social media can create a big ethical problem. More ›