Richard P. Callison, Social Media and the Clash of Competence and Communication in the Juror Selection Process

Concerned about the ethical propriety of researching the venire? Perhaps lawyers should be equally concerned about failing to employ investigative tactics to aid in jury selection. New York City Bar Formal Opinion 2012-2 illustrates this issue: “Just as the internet and social media appear to facilitate juror misconduct, the same tools have expanded an attorney’s […]

The bar Association of San Francisco Opinion 2014-1

The bar Association of San Francisco Ethics Committee Topic: Response to Clients’ Online Review Digest from the opinion “An attorney is not ethically barred from responding generally to an online review by a former client where the former client’s matter has concluded.  However, the duty of confidentiality prevents the attorney from disclosing confidential information about […]

Florida’s Restrictive Rules on Advertising in Websites and Social Media are Unconstitutional Firm Contends in Recent Lawsuit

In 2013 Florida adopted new rules on lawyer advertising that impose restrictions on websites and blogs. In particular, statements in these media must be “objectively verifiable.” A lawsuit filed December 10 challenges the constitutionality of the rules under the First Amendment. The complaint includes a detailed history of Florida’s broad restrictions on lawyer advertising.   Follow us on& […]

Florida Bar Committee on Advertising issues guidelines for networking sites.

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 […]

New York County Lawyers Association Ethics Opinion 745

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 […]

New Hampshire Bar Association Opinion #2012-13/05

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 […]