Ethics Opinions

Topic: Lawyers’ Recommendations on Professional Networking Website   The full text can be found at: http://www.ncbar…

ISBA Professional Conduct Advisory Opinion No. 12-15 Topic: Confidentiality Digest of the ISBA: “Use of a lawyer listserv or bar association online discussion group can be a useful and effective means to educate lawyers and can provide a resource when lawyers engage in research and decision-making. However, when lawyers consult with other lawyers who are not associated with them in […]

Committee on Professional Ethics Topic:  Publishing criticism of other attorneys Digest of the Committee: “The Rules of Professional Conduct do not prohibit a lawyer from hosting or participating in a blog dedicated to publishing factually accurate criticism of another lawyer’s professional conduct.” Relevant Law: New York’s Rule of Professional Conduct 8.2, 8.3, 8.4 The full […]

Topic: Lawyer Friending Opposing Party From the Opinion: “Attorney’s request to be invited as a friend of Plaintiff’s Facebook/MySpace account would be a “communication” for purposes of Rule 4-4.2. Attorney may not send such a communication directly to plaintiff, in light of that rule”. Relevant Law: Missouri Rule of Professional Conduct 4-4.2 The full text is […]

Committee on Professional Ethics Topic: Lawyer Investigation of Juror Internet and Social Networking Postings during Conduct of Trial Digest of the Committee: “It is proper and ethical under RPC 3.5 for a lawyer to undertake a pretrial search of a prospective juror’s social networking site, provided that there is no contact or communication with the […]

 Professional Ethics Committee Topic: Hiring Private Investigator to “Friend” Opposing Party on Social Networking Sites From the Opinion: “In conclusion, in the Committee’s opinion, under the facts presented, a lawyer may not hire an investigator to “friend” an adverse party in litigation. to develop evidence to be used against that party”. Relevant Law: Connecticut Rule of […]

California Judges Association, Judicial Ethics Committee – Opinion 2010-66 Topic: Online Social Networking (of Judges) Conclusion of the Committee: “To set out a per se rule barring all interactions with attorneys who may appear before the judge would ignore the realities of an increasingly popular and ubiquitous form of social interaction which is used in a […]

Supreme Court of Florida Judicial Ethics Advisory Committee Opinion 2009-20 From the Opinion: “Whether a judge may post comments and other material on the judge’s page on a social networking site, if the publication of such material does not otherwise violate the Code of Judicial Conduct.” ANSWER: Yes. “Whether a judge may add lawyers who may […]

Judicial Ethics Advisory Committee Topic: Judge/Lawyer Use of Social Network The full text is available at: http://www.jud6…

South Carolina Advisory Committee on Standards of Judicial Conduct Topic: Judge’s Use of Social Networking Media Conclusion of the Committee: “A judge may be a member of Facebook and be friends with law enforcement officers and employees of the Magistrate as long as they do not discuss anything related to the judge’s position as magistrate” […]