Ethics of Social Media: Look Before You Facebook

The Atlanta IP Inn of CourtPupilage Group 4February 13, 2013

Group 5 Members• Maha Khalaj• Thad Kodish• William Long• David Moreland• Nicole Morris• John Pratt• Jeremy Spier• Dana Stano• George Thomas• Ian Wasser• Colin Wright

• Charley Brown• Keith Broyles• Chason Carroll• Andrew Crain• Ansley Evans• Patrick Flinn• Ann Fort• Jonathan Goins• Noah Graubart• Laura Huffman• Ginabeth Hutchison

Scene 1

What is Social Media?

Facebook: Account Drop Down• Option 1: Privacy

Shortcuts• Option 2: Privacy

Settings

Facebook: Customizing Privacy Settings

Facebook: Privacy Settings in Apps

Facebook: Sutherland Default Page

Twitter: John Quinn

LinkedIn: Daniel Schwartz

LinkedIn: Daniel Schwartz

Scene 2

The Managing Partner meets with Partner and

Associate to discuss potential marketing pitch.

Scene 3

The team reports back to the Managing Partner on

their Scrabulous investigation.

Scene 5

After the Scrabulous pitch…

“It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation”

ABA Model Rule 8.4(c)

Scene 5

The Managing Partner meets with Human Resources to

discuss employee monitoring using social media.

“It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation”

ABA Model Rule 8.4(c)

Scene 6

The Managing Partner meets with Hiring Director to discuss

a recent social media “incident.”

Scene 7

The Managing Partner meets with attorneys to discuss new

social medial policy.

Social Media Policy Issues

• Attorney advertising rules• Adopted information and endorsements• South Caroline Ethics Advisory Op. 09-10

• Testimonials• ABA Model Rule 4.1

• Specialties• Georgia Rule 7.4 v. Model Rule 7.4(d)

• Confidential Information

Social Media Policy Issues

• Waiver of privilege• Truthfulness• Investigations on employee backgrounds• Research on judges• New York Op No. 08-176 (2009): allowed• South Caroline Op. No 17-2009 (2009): allowed• Kentucky Op. No. JE-119 (2009): allowed• Ohio Op. No. 2010-7 (2010): allowed• Florida Op. No. 2009-7 (2009): Not Allowed

Social Media Policy Issues

• Investigations by “friending” – is it allowed?• Philadelphia Bar Op. No. 2009-02 (2009)• ABA Model Rules, including Rule 8.4 (c)

• Inadvertent legal advice• Disclaimers

Social Media Policy Issues

• Conflicts of Interest• Do you know who your “friends” are?• Could there be an adverse interest?• ABA Model/GRPC Rules 4.2 and 1.7

Rule 4.2

“A lawyer who is representing a client in a matter shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order.”

GRPC Rule 4.2(a)

Rule 1.7

“A lawyer shall not represent or continue to represent a client if there is a significant risk that the lawyer's own interests or the lawyer's duties to another client, a former client, or a third person will materially and adversely affect the representation of the client ….”

GRPC Rule 1.7(a)

Social Media Policy Issues

• Use of company time and resources• Tone of communications• Speaking on behalf of company• Misuse of Intellectual Property• Confidential information• Insider trading• Regulatory obligations

• FTC endorsement guidelines

Questions?

And the twitter feed(er) is …

Colin Wright