73c6 Legalethics.com » 2009 » October

South Carolina Issues Opinion that Impacts Linked In, Plaxo, Avvo and related services

26 Oct 2009

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 rules.  “[A]ll content in a claimed listing must conform to” the advertising rules, so held the opinion. It also basically says a laywer can’t solicit improper endorsements, and so on.

Frankly, this one baffles me.  I can understand why you can’t ask someone to say something about you that you can’t yourself say, because of Rule 8.4, but am I really under an obligation to make sure non-clients comply with the lawyer advertising rules?  Stay tuned, but in the meanwhile, you South Carolina lawyers better go read your various listings, I suppose including Face book!

It’s online here.  I’ll gladly email you a copy if you email hricik_d@law.mercer.edu



Fake Anti-virus software Acts as Trojan Horse

20 Oct 2009

There’s an article here about criminals using “anti-virus” software to plant trojan horses that let them intercept communications, and more.



Contacts on Facebook can Cause Problems

12 Oct 2009

     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 opposing party’s home page, as it violated Rules 4.2, 4.3 and 8.4.  That opinion is here.



Digital Voicemail: Practically Useful, but a Litigation Landmine?

9 Oct 2009

There’s an interesting article on this subject here.



Vermont issues opinion on metadata

7 Oct 2009

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)






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