Erin H. Gerstenzang December 5, 2014

Ethics of the Internet

IN RE SKINNER, 740 S.E.2D 171 (MARCH 18, 2013)

WHAT ABOUT GEORGIA?

SKINNER OPINION RELIED ON TWO OUT-OF-STATE DECISIONS

IN RE QUILLINAN, 20 DB RPTR. 288 (2006)

90 DAY SUSPENSION FOR POSTING CLIENT’S NAME ON LISTSERV.

RULE 1.6(A) CONFIDENTIALITY OF INFORMATION COMMENT [4]

A lawyer's use of a hypothetical to discuss issues relating to the representation is permissible so long as there is no reasonable likelihood that the listener will be able to ascertain the identity of the client or the situation involved.

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RULE 1.6(A) CONFIDENTIALITY OF INFORMATION COMMENT [5]

Rule 1.6 applies not merely to matters communicated in confidence by the client but also to all information gained in the professional relationship, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.

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SIX MONTH SUSPENSION RECOMMENDED FOR… PHOTOSHOPPED CELEBRITY PHOTOS ON ATTORNEY SVITLANA SANGARY’S WEBSITE

BE CAREFUL ABOUT REPEATING JUDGES’ COMPLIMENTS ONLINE

"Based upon my observations of him in court there's no question in my mind that he is in the upper echelon of employment lawyers in this state . . .”

HON. DOUGLAS H. HURD, IN AN UNPUBLISHED JUDICIAL OPINION

A judicial quotation’s potential to mislead a consumer is self-evident... Without the surrounding context of a full opinion, judicial quotations relating to an attorney’s abilities could easily be misconstrued as improper judicial endorsement of an attorney, thereby threatening the integrity of the judicial system.”

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JUDGE FAITH S. HOCHBERG

US DISTRICT COURT OF NEW JERSEY

In sum, I was really proud to be your friend today! You bring great credit on yourself and all associated with you! And actually I not only do not mind, but encourage you to let others see this message.

Your friend for life, RRR

FEDERAL APPEALS COURT BLASTS ATTORNEY FOR FORWARDING CHIEF JUDGE'S CONGRATULATORY EMAIL

EDWARD REINES, PARTNER AT WEIL, GOTSHAL & MANGES

FORMER CHIEF JUDGE RADAR

JUDGES

RULE 8.2(A) JUDICIAL AND LEGAL OFFICIALS

A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

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RULE 8.2 JUDICIAL AND LEGAL OFFICIALS COMMENT [1]

False statements by a lawyer [about a judge] can unfairly undermine public confidence in the administration of justice.

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Don Bailey's law license suspended for 5 years in

Pennsylvania

"The system is corrupt. The Supreme Court in Pennsylvania is corrupt and everybody knows it."

Email to bankruptcy judge, calling him a “bully and a clown.”

William Caldwell Hancock’s Tennessee license to practice law was suspended for 30 days. September 3, 2014.

The probate court proceedings of questionable behavior, corruption, misfeasance, malfeasance, perpetration of misdemeanors and felonies

Disciplinary board recommends a 3-year suspension of JoAnne Marie Denison’s license to practice law. November 2014.

SCREEN NAMES MAY NOT PROTECT YOU.

“GEAUXJUDGE”

CLIENTS

RULE 2.1 ADVISOR

In representing a client, a lawyer shall exercise independent professional judgment and render candid advice.

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DO NOT ‘SEXT’ YOUR CLIENT

North Carolina attorney Christopher Rahilly suspended for 5 years for sexting client. November, 2014.

Loyalty and independent judgment are essential elements in the lawyer's relationship to a client.

Rule 1.7 Comment [1]Conflicts on Interests

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Can you advise your client to ‘clean up’ his or her social media posts?

YOUR CLIENT SHOULDN’T POST ABOUT THE CASE

“My attorney said I should have refused the breath test.”

Erin H. Gerstenzang December 5, 2014

QUESTIONS?