Social Media & Legal Ethics

It’s been a while since I’ve blogged, and even longer since I’ve subjected readers to the mantra upon which this blog was built:  competence includes tech competence.

With that in mind, an update!

A few weeks ago, the Commercial and Federal Litigation Section of the New York State Bar Association released its updated Social Media and Legal Ethics Guidelines.  First released in 2014, the Guidelines are one of the leading resources on a lawyer’s obligations under the rules of professional conduct with respect to social media.  While based on New York’s rules, the Guidelines cite to advisory ethics opinions from across the country. Here’s an outline distilled from the table of contents:

  1. Attorney Competence
  2. Attorney Advertising and Communications Concerning a Lawyer’s Services
  3. Furnishing of Legal Advice through Social Media
  4. Review and Us of Evidence from Social Media
  5. Communicating with Clients
  6. Researching Jurors and Reporting Juror Misconduct
  7. Using Social Media to Communicate with a Judicial Officer

There’s also an Appendix that includes a list of some of the more popular social media platforms, as well as a glossary of social media’s more commonly used words & phrases.

(no, I’m not sure that “social media’s more commonly used words & phrases” is proper grammar.  But I tend to write like I speak, and if I said it out loud, you’d know exactly what I meant.)

Anyhow, the Guidelines are a great resource.  I recommend bookmarking the link.

Finally, thank you Dave Carpenter for the h/t that the Guidelines had been updated!

Social Media

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