24
Apr
2013
Oregon lawyers may access publicly available information on social networking sites, can request access to non-public information if the person is not represented by counsel in the matter, and may in limited circumstances advise or supervise an agent to access non-public information under Oregon’s Covert Activity Exception (Oregon Rules of Professional Conduct 8.4(b)). See Oregon State Bar Eth. Comm. Op. 2013-189 (Feb 2013) (note there may be an issue seeing the full opinion).
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Categories : Internet Use, Oregon, Social Computing
11
Mar
2011
The story about what it portrays as a growing use of social media by debt collectors is here.
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Categories : Florida, Internet Use, Computer Use, Privacy, Social Networking, Social Computing
16
Dec
2010
An article and link to the proposed amendment to emphasize that communication about a case is off limits whether on the Internet or not is here. Trial lawyers should consider asking for an instruction like this no matter where the venue.
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Categories : Texas, Ex Parte Communications, E-mail, Discussion Groups, Internet Use, Computer Use, Rules of Conduct, Social Networking, Social Computing, Evidence
30
Nov
2010
The article with several links is here.
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Categories : Social Networking, Security, Social Computing
5
Nov
2010
It is by Professor Gregory Duhl and Jaclyn Miller, and is available here.
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Categories : Social Networking, Social Computing
1
Nov
2010
An article is here. This is becoming a critical issue, since jurors can now “view” accident scenes without having to drive anywhere; they can “research” technologies from their homes; and they can find all sorts of information out, without the protections of evidentiary rules. I’ve heard tales that some consultants are relying on jurors to violate these admonitions and so are planting information — good for them, bad for the other side — and working to make sure it shows up when jurors look on line rather than in the court room for evidence.
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Categories : Social Networking, Social Computing, Evidence
1
Oct
2010
There’s a new New York case here. I don’t see this as news, since putting “private” on my diary doesn’t make it immune from discovery (if it’s relevant, and, come to think of it, if I had a diary), but the issue gets litigated. Lesson: make sure your clients know that “private” doesn’t mean “nondiscoverable.”
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Categories : e-Discovery, Social Networking, Social Computing
21
Feb
2010
Kentucky judges may participate in social networking sites such as Facebook but a judge must carefully consider the nature of the relationship with an attorney. Judicial Ethics Opinion JE-119 (January 20, 2010).
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Categories : Websites, Computer Use, Kentucky, Social Networking, Social Computing
21
Dec
2009
The Florida Judicial Ethics Advisory Committee indicates that judges may not add lawyers who may appear before the judge as “friends” on a social networking site or permit such lawyers to add the judge as their “friend.” See Opinion No. 2009-20 (November 17, 2009).
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Categories : Florida, Websites, Computer Use, Social Networking, Social Computing
21
Apr
2009
The Philadelphia Bar Association’s Professional Guidance Committee addressed the question of an attorney trying to access Facebook and Myspace accounts of a third party witness in Ethics Opinion 2009-2 (March 2009).
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Categories : e-Discovery, Websites, Ex Parte Communications, Computer Use, Pennsylvania, Social Networking, Social Computing
