May 05, 2016

The Ethics of Advising Clients on Social Media

Friday, June 3

(9:00 - 10:20am)

Moderator: Nicole Hyland
Panelists: Jan Jacobowitz, Kati Rothgery

With Facebook surpassing 1.2 billion users, every lawyer has individual and corporate clients that almost all have a social media presence. An increasing number of these clients seek and need counseling to manage that presence. Is it ethical for a lawyer to advise a litigation client about the content of what she posts on her social media? Is it ethical for the lawyer to advise the client to delete postings from social media or is that spoliation? The discussion will include effective and ethical ways to advise clients about managing their social media posts. 

MATERIALS

  1. Hypos
  2. The-Social-Media-Frontier-Exploring-a-New-Mandate-for-Competence-in-the-Practice-of-Law
  3. Ten Steps to Obtain Facebook Discovery
  4. Lester_v_Allied_Concrete_Order
  5. Professional Ethics of the Florida Bar
  6. Formal Ethics Opinion_127
  7. Ethics, Opinion 14-1
  8. NYCLA 745 Advising Clients About Social Media (2013)
  9. PA Social Media Bar Opinion f2014-300