http://www.legalethics.com Focusing on the ethical issues associated with the use of technology by legal professionals Wed, 27 Jan 2010 20:24:21 +0000 http://backend.userland.com/rss092 en Not making this one up: the opinion is here.  In a split decision, the majority reasoned that "friending" a lawyer who appeared before the judge suggested improper influence.   If you see a judge today, don't wave! http://www.legalethics.com/?p=473 An article in Wired Magazine reports that half of the Internet's top websites use a little known feature in the Flash plug-in that allows for tracking of browsing activity and gathering of "private" information.  Ryan Singel, You Deleted Your Cookies?  Think Again (Aug. 2009). http://www.legalethics.com/?p=472 The South Carolina bar association addressed a hypothetical webside that listed attorneys without their involvement, and allows "clients" and others to "rate" the attorney.  The bar association held that a lawyer could claim his listing in this service, but that all comments made about him were subject to the advertising ... http://www.legalethics.com/?p=471 There's an article here about criminals using "anti-virus" software to plant trojan horses that let them intercept communications, and more. http://www.legalethics.com/?p=470      A Tennessee woman was arrested for virtually "poking" someone on Facebook, violating a TRO.  You can read about it here. A few months back, a Philadelphia bar opinion held that a lawyer could not use a fake "name" on facebook to become befriended so as to gain access to an ... http://www.legalethics.com/?p=469 There's an interesting article on this subject here. http://www.legalethics.com/?p=468 Vermont Bar Association Professional Responsibility Section Opinion 2009-1 concluded that a lawyer could "search" for metadata, but may have an obligation to notify the sender of the existence of the metadata pursuant to Rule 4.4(b) http://www.legalethics.com/?p=467 In Russo v. Takata Corp., _ N.W.2d __ (S.D. 2009) after a person who became a juror was summoned, but before being seated as a juror, the person ran some Google searches pertaining to seatbelts made by the defendant in a wrongful death action. The verdict was set aside ... http://www.legalethics.com/?p=466 New Hampshire attorneys may not search for, review, or use metadata in electronic materials received from opposing counsel. New Hampshire Bar Ass'n. Ethics Comm., Op 2008-2009/4 (April 16, 2009) http://www.legalethics.com/?p=465 Pennsylvania lawyers who receive electronic content from opposing counsel can examine metadata hidden in documents and use it for the client's benefits. Pennsylvania Bar Ass'n, Comm. on Legal Ethics and Professn'l. Responsibility, Formal Op. 2009-100 http://www.legalethics.com/?p=464