This document discusses the ethical pitfalls lawyers can face when using social media. It identifies four main traps: (1) the myth that social media posts are private, (2) forgetting that ethics rules and terms of service still apply on social platforms, (3) improperly using social media for discovery or investigations, and (4) failing to counsel clients on their own social media use. The document provides examples of lawyers receiving sanctions for improper social media use and outlines dos and don'ts for lawyers on social platforms.
Learning Objectives:
1. Understand how this unique, emergent form of evidence can be used for criminal investigations and civil litigation e-discovery.
2. Discover the DoJ memo to law enforcement uncovered by FOIA stressing why and how to use social media in criminal cases.
3. See social media evidence recovered from smart phones, personal computers, and the cloud.
4. Learn the ethics of social media evidence collection including what you can and cannot do, if you want to keep your license that is.
Best Practices for Conducting Sexual Harassment InvestigationsCase IQ
When an employee makes an allegation of sexual harassment in the workplace the company must act quickly to assess and investigate the complaint. This is one of the most difficult types of investigations, given the sensitive nature of sexual harassment, and a prompt, thorough and fair investigation is the only way to tackle the risk to the company, its employees and its reputation.
Join Angela J. Reddock-Wright, employment attorney, mediator, arbitrator, investigator and trainer as she outlines the elements of a well conducted sexual harassment investigation that addresses the needs of the complainant, the subject of the complaint, the other employees and the company.
The webinar will cover:
Assessing the credibility of the complainant
Outlining an investigation plan
Gathering evidence
Interviewing the complainant, witnesses and the subject of the complaint
Best practices for communicating with parties to a sexual harassment investigation
Following up with all parties
Making recommendations
Learning Objectives:
1. Understand how this unique, emergent form of evidence can be used for criminal investigations and civil litigation e-discovery.
2. Discover the DoJ memo to law enforcement uncovered by FOIA stressing why and how to use social media in criminal cases.
3. See social media evidence recovered from smart phones, personal computers, and the cloud.
4. Learn the ethics of social media evidence collection including what you can and cannot do, if you want to keep your license that is.
Best Practices for Conducting Sexual Harassment InvestigationsCase IQ
When an employee makes an allegation of sexual harassment in the workplace the company must act quickly to assess and investigate the complaint. This is one of the most difficult types of investigations, given the sensitive nature of sexual harassment, and a prompt, thorough and fair investigation is the only way to tackle the risk to the company, its employees and its reputation.
Join Angela J. Reddock-Wright, employment attorney, mediator, arbitrator, investigator and trainer as she outlines the elements of a well conducted sexual harassment investigation that addresses the needs of the complainant, the subject of the complaint, the other employees and the company.
The webinar will cover:
Assessing the credibility of the complainant
Outlining an investigation plan
Gathering evidence
Interviewing the complainant, witnesses and the subject of the complaint
Best practices for communicating with parties to a sexual harassment investigation
Following up with all parties
Making recommendations
The Interwoven Complexities of Social Media, Privacy and Data SecurityArmstrong Teasdale
CLE Presentation: Daniel C. Nelson and Jeffrey Schultz attorneys at Armstrong Teasdale
Social media has infiltrated most aspects of society, presenting a wide range of potential legal issues for any attorney or business. To gain a thorough understanding of how social media's many intersections with changing privacy law and data security requirements impact your business, this presentation will discuss how to navigate through this tangled web.
The choice of a lawyer is an important decision and should not be based solely on this presentation. All rights are reserved and content may not be reproduced, disseminated or transferred, in any form or by means, except with the prior written consent of Armstrong Teasdale.
A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
Social Media for Litigators was presented by Antigone Peyton and Ernie Svenson on Mar 29, 2012 at the ABA TechShow. It makes the point that social media is a powerful marketing tool that lawyers should also embrace because it helps them understand the implications of social media on their litigation practice.
Social Media for Litigators was presented by Antigone Peyton and Ernie Svenson on Mar 29, 2012 at the ABA TechShow. It makes the point that social media is a powerful marketing tool that lawyers should also embrace because it helps them understand the implications of social media in litigation.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Social networking tools are used by advertisers and marketers, by human resources departments, and of course by job-seekers and employees.
For many companies, the question now is not whether to use social media in its business, but how.
And as with any new aspect of doing business, there are several potential pitfalls that a company must be aware of to avoid running into legal difficulties.
The Interwoven Complexities of Social Media, Privacy and Data SecurityArmstrong Teasdale
CLE Presentation: Daniel C. Nelson and Jeffrey Schultz attorneys at Armstrong Teasdale
Social media has infiltrated most aspects of society, presenting a wide range of potential legal issues for any attorney or business. To gain a thorough understanding of how social media's many intersections with changing privacy law and data security requirements impact your business, this presentation will discuss how to navigate through this tangled web.
The choice of a lawyer is an important decision and should not be based solely on this presentation. All rights are reserved and content may not be reproduced, disseminated or transferred, in any form or by means, except with the prior written consent of Armstrong Teasdale.
A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
Social Media for Litigators was presented by Antigone Peyton and Ernie Svenson on Mar 29, 2012 at the ABA TechShow. It makes the point that social media is a powerful marketing tool that lawyers should also embrace because it helps them understand the implications of social media on their litigation practice.
Social Media for Litigators was presented by Antigone Peyton and Ernie Svenson on Mar 29, 2012 at the ABA TechShow. It makes the point that social media is a powerful marketing tool that lawyers should also embrace because it helps them understand the implications of social media in litigation.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Social networking tools are used by advertisers and marketers, by human resources departments, and of course by job-seekers and employees.
For many companies, the question now is not whether to use social media in its business, but how.
And as with any new aspect of doing business, there are several potential pitfalls that a company must be aware of to avoid running into legal difficulties.
Administrative Adjudications by Civil Service Commissions in the State of Cal...Justin Hein
On September 26, 2013, Steven L. Simas presented a seminar on Administrative Adjudications by Civil Service Commissions in the State of California. This was part of a joint presentation by the Sacramento County Bar Association, Administrative and Labor & Employment sections.
A Trial Lawyer's Approach to Ethical Problems in E-DiscoveryBrendan Kenny
I gave this presentation at Kroll Ontrack's 2014 eDiscovery Certification Workshop. I explored the ethical challenges facing lawyers involved in e-discovery. I emphasized how trial lawyers' persuasive skills can turn potential e-discovery pitfalls into victories, allowing them to do what they do best: win cases on the merits.
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
Social Lawyers (slide deck to accompany hypotheticals)Nicole Hyland
This is an alternative version of my Social Lawyers slide deck. It is formatted to accompany a series of social media and legal ethics hypotheticals, which can be found here: http://www.jdsupra.com/legalnews/hypotheticals-legal-ethics-and-social-57583/
An overview of the way the law profession's rules of professional responsibility/conduct apply to the use of social media platforms and tools, including advertising, searching, and use of social media information in investigation, discovery, and at trial.
Social media is becoming more important in the healthcare field. But, there are legal implications to using social media tools of which those in the industry should be aware.
Speakers:
Tatiana Melnik, JD
Associate Attorney, Dickinson Wright PLLC
Brian Balow, JD
Member, Dickinson Wright PLLC
Yahoo!, the Shi Tao Case, and lessons for corporate social responsibilityrmackinnon
Slides from an academic paper presentation. Paper at: http://rconversation.blogs.com/YahooShiTaoLessons.pdf">Download YahooShiTaoLessons.pdf
ABSTRACT: In 2005, Chinese journalist Shi Tao was convicted and sentenced to ten years in prison for leaking state secrets abroad. Key evidence cited in Chinese court documents included information about Shi’s account supplied by Yahoo! to the Chinese State Security Bureau. Condemnation by human rights groups and investors, U.S. congressional hearings, a Hong Kong government investigation, and a U.S. lawsuit followed. This paper documents the core facts, events, issues and debates involved. The Shi Tao case highlights the complex challenges of corporate social responsibility for Internet and telecommunications companies: They are caught between demands of governments on one hand and rights of users on the other – not only in authoritarian countries such as China but in virtually all countries around the world. While there are no simple or quick solutions, Internet and telecoms companies seeking to establish trustworthy reputations across a global customer base cannot afford to ignore the human rights implications of their business practices. Users and investors have a right to demand that user rights be respected. If companies fail to respect user rights, the need to develop non-commercial, grassroots alternatives will become increasingly important if privacy and free expression are to be possible anywhere.
Discussion 1Questionplease describe the reasons for having.docxmadlynplamondon
Discussion 1:
Question:
please describe the reasons for having a totally anonymous means of accessing the internet. Please also discuss the dangers of that same internet.
The overall population wherein we live can constantly be incredibly moderate, every now and again making it perilous to possess explicit articulations, have certain determinations, or grasp a particular lifestyle. The mystery is noteworthy for online exchanges including sexual abuse, minority issues, incitement, and various things. Additionally, lack of definition is useful for people who need to present particular request that they would incline toward not to surrender they don't have the foggiest thought regarding the reaction to, report unlawful activities without fear of vengeance, and various things. For occurrence, the region of Florida keeps up a baffling hotline for government workers to report wastes and abuse to the representative's office. Without mystery, these exercises can result in open analysis or repel physical harm, loss of business or status, and from time to time, even authentic action. Protection from harm coming about due to this kind of social intolerance is a particular instance of a huge and genuine usage of mystery on the web. Authorities who are people from the on-line arrange routinely ask their patients to interface with others and structures support packs on issues about which they don't feel incredible discussing unreservedly. It is key to have the alternative to express certain ends without revealing your genuine character. One appropriate instance of lack of definition in all actuality is the exchange over Caller ID on phones. Plenty of people were maddening that the person on the not exactly alluring finish of a telephone call would know the character of the visitor. People had thought little of that they could be obscure in the occasion that they required and were annoyed at that anonymity being evacuated. Many net customers feel a comparable course about the on-line mystery.
Discussion 2:
Question:
please describe the reasons for having a totally anonymous means of accessing the internet. Please also discuss the dangers of that same internet.
Recent surveys indicate there are several users of internet present across the world and these users should know about privacy and security policies while using internet so that they can protect themselves against attacks and secure their personal information. This is possible with anonymity of internet where it hides the users address and any other personal information. It is also explained as that identity of users will be hidden and they can freely express their ideas and opinions and need not worry about criticisms and negative comments from other users. This anonymity is mostly preferred by users where they can freely post messages and videos and need not worry about backlash from others. It is also helpful when they are searching some sensitive issues in internet related to health wher ...
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
13. The Myth of Privacy
“There can be no
reasonable expectation of
privacy in a tweet sent
around the world.”
- People v. Harris (N.Y. Crim. Court 2012)
(denying motion to quash subpoena to Twitter for
information relating to Defendant’s account)
18. Impugning Judges
“Evil, unfair witch”
“Ugly, condescending
attitude”
“Seemingly mentally ill”
- Florida State Bar v. Conway (2008)
19. Rule 8.1(a)
“A lawyer shall not knowingly
make a false statement of fact
concerning the qualifications,
conduct or integrity of a judge
or other adjudicatory officer or
of a candidate for election or
appointment to judicial office.”
21. Confidentiality
“This stupid kid is taking the rap
for his drug-dealing dirtbag of
an older brother because "he’s
no snitch.” . . . My client is in
college. Just goes to show you
that higher education does not
imply that you have any sense.”
- Complaint, In the Matter of Peshek (Illinois)
22. “He was standing there in
court stoned, right in front of
the judge, probation officer,
prosecutor and defense
attorney, swearing he was
clean.”
- Complaint, In the Matter of Peshek (Illinois)
Confidentiality
25. Mischaracterized legal skills and
prior successes
Falsely stated he handled matters
in federal court
Falsely stated he graduated from
law school in 2005
- In the Matter of Dannitte Mays Dickey (South Carolina 2012)
Advertising
26. Listed 50 practice areas in
which he had little or no
experience
Used the word “specialist”
even though not certified as a
specialist
- In the Matter of Dickey (South Carolina 2012)
Advertising
27. Advertising
“Respondent began using
these websites without
adequate review of the
relevant provisions of the
South Carolina Rules of
Professional Conduct.”
- In the Matter of Dickey (South Carolina 2012)
29. Lawyer may identify practice
areas
Lawyer may not list services under
“Specialties” heading unless
certified as a specialist (R. 7.4)
No opinion on whether lawyer can
list services under “Skills and
Expertise” heading
Problem?
NYSBA Op. 972 (2013)
30. “Case finally over. Unanimous verdict!
Celebrating tonight.”
“Another great victory in court today?
Client is delighted! Who wants to be
next?”
“Won a million dollar verdict. Tell your
friends and check out my website.”
“Just published an article on wage and
hour breaks. Let me know if you would
like a copy.”
California Op. 2012-186
31. Ex Parte Communications
Lawyer: “I hope I'm in my last
day of trial.”
Judge: “You are in your last
day of trial.”
- Matter of Terry (North Carolina 2009)
33. However …
“Merely designating
someone as a friend on
Facebook ‘does not show
the degree or intensity of
the judge’s relationship
with a person.’”
- Youker v. Texas (quoting ABA Op. 462 (2013))
35. “The great virtue of a laptop is that
it can be used on one’s lap, while
sitting on a sofa, or perhaps while
in bed. Indeed, we note that the
Facebook page for ‘Using the
laptop in bed’ . . . has nearly
one million ‘Likes.’”
- Ferraro v. Hewlett-Packard Co. (7th Cir. 2013)
Social Media as Evidence
36. “[I]t is reasonable to infer from the limited
postings on plaintiff's public Facebook and
MySpace profile pages that her private
pages may contain material and
information that are relevant to her claims
or that may lead to the disclosure of
admissible evidence.”
- Romano v. Steelchase, 30 Misc.3d 426 (N.Y. Sup. Ct. 2010)
Social Media as Discovery
37. Defendant’s motion to
compel discovery concerning
plaintiff’s social media
accounts denied due to
unexplained delay.
- Guzman v. Farrell Building Co. (Suffolk County 2012)
Delay in Seeking Social Media
38. 1
Include Social Media at an Early
Stage in Your Discovery Plan
Four Guidelines for a Social
Media Discovery Plan
39. 2
Update Your Definition of
Electronically Stored Information
(ESI) to Include Social Media
Four Guidelines for a Social
Media Discovery Plan
40. 3
Include Social Media in Your
Document Preservation Letters
(Both to Adversaries and Clients)
Four Guidelines for a Social
Media Discovery Plan
41. 4
Request Social Media Content in
Your Document Requests and Third
Party Subpoenas
Four Guidelines for a Social
Media Discovery Plan
42. Lawyers may view public
areas of social media
accounts
NYSBA Opinion 843
(2010)
SDCBA Ethics Op. 2011-2
“Passive” Viewing of Social Media
43. “No Contact” Rule (Rule 4.2)
Passive viewing of public pages
vs. “friending” (NYSBA Opinion
843)
Lawyer can’t “friend” high-
ranking executives of
represented corporation (SDCBA
Ethics Op. 2011-2)
“Friending” Represented Parties
44. Communicating with unrepresented
party (Rule 4.3)
Use of Deception (Rules 4.1(a) and
8.4)
Duty to Supervise (Rule 5.3)
“Friending” allowed as long as lawyer
uses real name and no deception (NY
City Bar Op. 2010-02)
“Friending” Unrepresented Persons
45. Researching Jurors
Attorneys may research jurors on
social media as long as no
communication occurs (NYCBA Op.
2012-2)
Lawyers may search jurors’ social
media sites provided there is no
contact or communication and lawyer
does not seek to friend or follow
jurors (NYCLA 743)
50. NYCLA Op. 745 (2013)
You may counsel clients about what
they post on social media
You may counsel your clients about
the legal implications of their social
media activity
You may advise your clients to
“take down” social media postings
(with a big caveat)
53. Do’s of Social Media Use
Do Know the Rules Relevant
to Social Media Use
(including ethics rules, TOS,
employment policies, netiquette,
and substantive law)
54. Do’s of Social Media Use
Do Stay Current on Ethics
Opinions and Court
Decisions Regarding Social
Media Use
55. Do’s of Social Media Use
Do be Professional and
Classy on Social Media
56. Do’s of Social Media Use
Do Safeguard Client
Confidentiality on Social
Media
57. Do’s of Social Media Use
Do Vet LinkedIn
Endorsements to Make
Sure They Are Appropriate
58. Don’ts of Social Media Use
Do Not Communicate With
Jurors on Social Media
(or elsewhere)
59. Do’s of Social Media Use
Do Use Appropriate
Disclaimers on Social
Media Sites
60. Do’s of Social Media Use
Do Counsel Your Clients
Appropriately About Their
Social Media Use
61. Do’s of Social Media Use
Do Use Social Media as an
Investigatory and
Discovery Tool
(But Follow the Rules)
62. Don’ts of Social Media Use
Do Not Try to Hide
Behind Anonymity on
Social Media
63. Don’ts of Social Media Use
Do Not Misrepresent or
Exaggerate Your
Qualifications
64. Don’ts of Social Media Use
Do Not Communicate With
Represented Parties in
Violation of the Rules
65. Don’ts of Social Media Use
Do Not Engage in Ex Parte
Communications With Judges
on Social Media
(or elsewhere)
66. Don’ts of Social Media Use
Do Not Insult or
Disparage Judges (or
Anyone Else) on Social
Media
67. Don’ts of Social Media Use
Do Not Communicate With
Jurors on Social Media
(or elsewhere)
68. Don’ts of Social Media Use
Do Not Give Legal Advice
on Social Media
69. Don’ts of Social Media Use
Do Not Solicit Potential
Clients on Social Media
70. Don’ts of Social Media Use
Do Not Overlook the
Significance of Social
Media Evidence
71. Don’ts of Social Media Use
Do Not Destroy Social
Media Evidence
(or counsel your client to do so)