Social media and lawyers

- My Shingle

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Excerpts:



"To be blunt, this lawyer is committing malpractice. For starters, as Nicole pointed out (and I agree), wholesale removal of a Facebook page (and any potential evidence it contains) prior to a lawsuit raises issues regarding spoliation of evidence and could put any verdict or settlement in jeopardy . Second, while it’s laudable to give new lawyers responsibility, they also need guidance and oversight – which experienced lawyers are obligated to provide under the ABA Model Code and most state codes. Without guidance, will a new lawyer have the capability to identify types of social media evidence that are relevant? Will a new lawyer investigating a case recognize limitations on tactics like fake friending? Even worse, without understanding social media, a more experienced lawyer may demand that a newer lawyer take a course of action that violates rules of netiquette and can cause the firm (and the newbie) substantial embarrassment and reputational harm. And these matters involve use of social media when representing clients – they don’t even touch on any of the potential ethics problems that can arise when using social media for marketing."