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.
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).
Lawyers who participate in Internet discussion groups should avoid including any confidential information that could be associated with a particular case or controversy. Postings that give identifying details about cases can result in problems such as waiver of work product protection or inadvertent communications with judges involved on a case. Los Angeles Cty. Bar. Ass’n. Professional Resp. and Ethics Comm. Formal Op. 514 (Aug 19, 2005).
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