Last week, I posted Comptence & E-Discovery. It generated a few calls & emails on another topic that we touched upon in the seminar that’s referenced in the post: a lawyer’s professional obligations vis-a-vis ESI & social media.
I’ve blogged & spoken on the issue several times. To me, it comes down to this:
- The duty of competence includes reviewing the publicly available social media presences of adversaries, witnesses, and jurors.
- Knowing that others are looking, the duty of competence includes advising clients of the risks associated with making information publicly available on social media.
As to the former, please see this post from September 2019. It includes links to several advisory ethics opinions that address a lawyer’s duties when reviewing social media evidence. As to the latter, please see this post, also from September 2019.