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The general disclosure requirement under Rule 30.02 requires disclosure of potentially relevant social media documents regardless of whether a person’s profile is “public” or “private”, just as any other non-public document must be produced in litigation.
Wadden identifies three best practices for using social media in litigation. The first, he says, is to address the need for social media evidence at the beginning of a case. “Social media evidence can disappear quickly,” he says. “Consider that as a possibility in case planning, and do it early.”
- Duty of Confidentiality
- Impartiality and Decorum of The Tribunal
- Trial Publicity
- Other Rules Implicated by Public Commentary
- Dos & Don’ts of Ethical Interactions on Social Media and Beyond
- Final Thoughts: Why Do You Care?
There is no question that the duty of confidentiality imposed by Model Rule 1.6 (Confidentiality of Information) applies to both a lawyer’s social media activity, as well as his or her interactions with the media. For instance, in its 2018 Formal Opinion 480, the ABA Standing Committee on Ethics and Professional Responsibility found that lawyers wh...
Rule 3.5 of the ABA model rules(Impartiality and Decorum of the Tribunal) provides that a lawyer shall not engage in several behaviors that could potentially interfere with the impartiality of a proceeding. Prohibited behavior under this rule includes: 1. Seeking to influence judges, jurors, prospective jurors, or other officials using prohibited m...
Just as Rule 3.5 is designed to preserve the impartiality of the tribunal, Model Rule 3.6(Trial Publicity) also seeks to avoid influencing the outcome of proceedings through publicity campaigns. Under the rule, any lawyer who has participated in a matter cannot make any extrajudicial statements that have a reasonable likelihood of public disseminat...
As lawyers know, virtually no law (and virtually no rule) stands in isolation. Instead, they often form a complex web of interrelated principles. Thus, additional ethical rules often impact how lawyers can interact with media and the public – both online and in person. For instance, Model Rule 4.2 (Communicating with Person Represented by Counsel) ...
The fundamental rules of interacting with the media as well as the general public in both digital and non-digital spaces are designed to protect client interests while promoting honesty and impartiality in the legal system. When considered through this lens of fundamental fairness, the ethics of social media activity and media interactions can beco...
Most lawyers would never intentionally run afoul of their ethical obligations. Instead, many ethical issues arise from inadvertent actions performed with the best of intentions. Gaining a better understanding of the potential ethical pitfalls in discussing litigation and other legal matters across various channels can help you stay on the right tra...
- Marina Wilson
Nov 22, 2022 · Lawyers’ conduct on social media can engage the following rules: Professional marketing of legal services. Rule 4.2-1 provides that lawyer marketing must be “in the best interests of the public and consistent with a high standard of professionalism”.
Jul 12, 2023 · It is essential to remember that the growth of identity fraud and cybercrime, and the increase in the incidence of impostors acting as legal professionals, have been facilitated by the greater use of social media and the release of information by participants in social media.
Mar 29, 2023 · So, how do attorneys litigating a case find your social media? First, as noted in the Forbes article, copying and using publicly posted social media as evidence is perfectly legal. It does not “count” as some form of spying or illegal surveillance.
People also ask
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Privacy and proportionality considerations may narrow the permissible scope of social media discovery in particular since social media content often includes intimate personal details unrelated to a litigant’s claims.
