CRIMINAL JUSTICE: Confidentiality in the Age of Social Media

Ty Alper

Although the forms of communication today are fundamentally different from even ten years ago, the legal profession’s conception of attorney-client communication and the rules of confidentiality have not kept up with the times. This article proposes that criminal defense offices and agencies adopt policies requiring strict compliance with a blanket rule against case-related posts on any social media platform because (1) the harm in posting about client matters is potentially great; (2) the harm is easy to avoid by not posting; and (3) the benefits of posting are nonexistent for the represented clients.

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