The document discusses guidelines for attorneys regarding social media use and client confidentiality. It notes that attorneys should advise clients on managing social media to avoid violating confidentiality in settlements. Attorneys can connect with clients but not opposing parties or judges in ways meant to influence cases. They must also monitor reviews for accuracy and avoid advising clients to delete information or withhold evidence.
The document discusses guidelines for attorneys regarding social media use and client confidentiality. It notes that attorneys should advise clients on managing social media to avoid violating confidentiality in settlements. Attorneys can connect with clients but not opposing parties or judges in ways meant to influence cases. They must also monitor reviews for accuracy and avoid advising clients to delete information or withhold evidence.
The document discusses guidelines for attorneys regarding social media use and client confidentiality. It notes that attorneys should advise clients on managing social media to avoid violating confidentiality in settlements. Attorneys can connect with clients but not opposing parties or judges in ways meant to influence cases. They must also monitor reviews for accuracy and avoid advising clients to delete information or withhold evidence.
* confidentiality issues his daughter violated the confidentiality term in the settlement agreement by posting details about it on Facebook
• The inadvertent creation of
client-attorney relationships**
• Advertising and 2. Attorneys may
marketing*** connect with clients and former clients.
• The unauthorized practice
of law***
• Conduct concerning 3. Attorneys may not
opponents, witnesses and contact a represented person investigations through social networking websites.
• Discovery 5. Attorneys may use cases where clients’
information on social postings were held to be networking websites in a discoverable, and in some dispute. cases admissible in litigation, as well as other cases where discovery requests for postings were denied • Proper communications
• Communications and other 8. Attorneys may
conduct between attorneys generally endorse other and judges attorneys on social networking websites.
10. Attorneys may
connect with judges on social networking websites provided the purpose is not to influence the judge in carrying out his or her official duties.
* Solicitation 7. Attorneys may
generally comment or respond to reviews or endorsements, and may solicit such endorsements.
* False/Misleading 6. Attorneys may
statements accept client reviews but must monitor those reviews for accuracy.
9. Attorneys may review a juror’s Internet presence.
1. Attorneys may advise
clients about the content of their social networking websites, including the a lawyer was disciplined removal or addition of when he advised a client to information. delete damaging photos from Facebook and also 4. Although attorneys withheld evidence about the may contact an photos and their deletion unrepresented person through social networking websites, they may not use a pretextual basis for viewing otherwise private information on social networking websites.
CANON 14 - A Lawyer Shall Not Refuse His Services To The Needy. CANON 15 - A Lawyer Shall Observe Candor, Fairness and Loyalty in All His Dealings and Transactions With His Client
The Coca-Cola Bottling Company of New York, Inc. v. Soft Drink and Brewery Workers Union Local 812, International Brotherhood of Teamsters, 242 F.3d 52, 2d Cir. (2001)