Ethics Opinions

In Opinion 972 issued June 26, 2013, the Committee advised that under New York Rules a law firm could not list its services under the heading “Specialities” and an individual lawyer could not do so unless the lawyer was certified as a specialist in New York.  The Committee did not “address whether the lawyer or […]

The Florida Bar’s Standing Committee on Advertising issued guidelines for lawyer’s use of social networking sites on April 16, 2013. The guidelines raise a number of concerns including acceptance of endorsements on LinkedIn because of the use of the term “expertise”; the requirement that advertisements must indicate an office location when applied to Twitter; and […]

Committee on Professional Ethics   Topic: “What advice is appropriate to give a client with respect to existing or proposed postings on social media sites.”   Digest of the Committee: “It is the Committee’s opinion that New York attorneys may advise clients as to (1) what they should/should not post on social media, (2) what […]

Topic: “What measures may a lawyer take to investigate a witness through the witness’s social media accounts, such as Facebook or Twitter, regarding a matter which is, or is likely to be, in litigation?”   Summary of the Committee: “The Rules of Professional Conduct do not forbid use of social media to investigate a non-party […]

Advisory Committee on Judicial Ethics of the New York State Unified Court System’s Office Topic: recusal in a criminal matter because judge is a “Facebook friends”   Recusal is not required if a judge in a criminal case is a “Facebook friends” with the parents or guardians of certain minors who allegedly were affected by […]

From the Guidelines: “The SCA has reviewed the networking media, and issues the following guidelines for lawyers using them. Pages of individual lawyers on social networking sites that are used solely for social purposes, to maintain social contact with family and close friends, are not subject to the lawyer advertising rules. Pages appearing on networking […]

Oregon State Bar Formal Opinion No. 2013-189  Approved by Board of Governors, February 2013 Topic: Lawyers’ Use of Social Networks Oregon lawyers may access publicly available information on social networking sites, can request access to non-public information if the person is not represented by counsel in the matter, and may in very limited circumstances advise or supervise […]

American Bar Association Standing Committee on Ethics and Professional Responsibility Topic: Judge’s Use of Electronic Social Networking Media Digest of the Committee: “A judge may participate in electronic social networking, but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct […]

Topic: Jury Research and Social Media Question: “What ethical restrictions, if any, apply to an attorney’s use of social media websites to research potential or sitting jurors?” Digest of the Committee: “Attorneys may use social media websites for juror research as long as no communication occurs between the lawyer and the juror as a result […]

State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2012-186 Topic: Social media and attorney advertising Digest of the Committee: “Material posted by an attorney on a social media website will be subject to professional responsibility rules and standards governing attorney advertising if that material constitutes a ‘communication’ within the meaning of […]