Hardly a day goes by without another bar opinion or court decision dealing with ethical issues in the use of technology, particularly social media. Lawyers need help in assimilating and digesting this deluge of information. Of course, that is why we created www.technethics.com, where we strive to post major pronouncements dealing with ethics and technology. […]
A Canadian law firm served libel notice via Twitter: “We are the solicitors for Warren Kinsella. Please find attached our client’s Notice of Libel.” It should be noticed that the alleged libel took place on Twitter.The contested tweets been posted by Defendant Nick Kouvalis, a political advisor in Toronto mayoral election. The tweets mocked Plaintiff Warren […]
Law Technology News, Aug. 29, 2014 From the article “It’s almost always a bad idea to tell clients to “clean up” their Facebook accounts”. Author describes several authorities discussing lawyers’ conduct while advising clients on the use of social media sites, like Facebook, LinkedIn and Twitter. Mentioned Ethics Opinions: New York County Lawyers Association Ethics […]
Denison v. Larkin, 2014 WL3953637 (N.D. Ill. Aug. 13, 2014) This case arises out of an Illinois Attorney Registration and Disciplinary Commission (“IARDC”) disciplinary proceeding. Plaintiff, a licensed attorney in the state of Illinois, is suing the IARDC for using portions of her copyrighted Blog as evidence against her in an attorney disciplinary proceeding. The […]
Philadelphia Bar Association Opinion 2014-5 Professional Guidance Committee The Philadelphia Bar Association issued an advisory opinion on advising clients on the use of Social Media. The opinion concerned the following issues: (i) whether a lawyer may advice a client to change privacy settings on her Facebook page; (ii) whether a lawyer may instruct a client […]
The author describes Denison v. Larkin, 2014 WL3953637 (N.D. Ill. Aug. 13, 2014), a case where Plaintiff, a licensed attorney in the state of Illinois, is suing as portions of her copyrighted Blog was used as evidence against her in an attorney disciplinary proceeding. The full text is available at: http://blog.ericgoldman… Related document: Copying blogs […]
The Committee has issued interesting guidelines for those many lawyers who use social media in their practice. These are some of those guidelines: “Guideline No. 1.A – Applicability of Advertising Rules” “Guideline No. 1.B: Prohibited Use of “Specialists” on Social Media” “Guideline No. 1.C: Lawyer Solicitation to View Social Media and a Lawyer’s Responsibility to […]
Topic: Advising a Civil Litigation Client about Social Media From the opinion “Opinion rules a lawyer must advise a client about information on social media if information and postings on social media are relevant and material to the client’s representation. The lawyer may advise a client to remove information on social media if not spoliation […]
Author discusses Philadelphia Bar Association Opinion detailing how lawyers may instruct their clients on the use of social media. Referenced Authorities: Philadelphia Bar Association Opinion 2014-5 The full text is available at: http://m.thelegalintelligencer…
The Pennsylvania Bar Association issued a formal opinion on lawyers’ response to clients’ negative review. Conclusion from the opinion: “a lawyer cannot reveal client confidential information in a response to a client’s negative online review absent the client’s informed consent.” Pennsylvania ethics opinions available at https://www.pabar… (members only) Relevant Law: Pennsylvania Rules of Professional Conduct: 1.6 “Confidentiality […]