Learn how to avoid the ethical pitfalls of using social media.
The use of social media raises a myriad of ethical issues for attorneys. These issues affect internal investigations, the discovery process, litigation strategy, and trial preparation.
The use of social media also affects how attorneys advise their individual or corporate clients about the client's use of social media. Indeed, whether you are in-house counsel, outside counsel, a solo practitioner, or otherwise work in the legal profession, there are obvious and some not so obvious ethical issues that you must understand.
This material considers the ethical minefields associated with social media use in the context of: (1) effectively using social media to craft robust but ethical investigations, discovery, and trial strategies; (2) an attorney's ethical obligations in advising an individual or corporate client about its use of social media to promote their businesses, products, and/or services; and (3) an attorney's ethical obligations in marketing, promoting, and advertising the attorney's legal services.
Areas Covered in the Session:
Attorney Ethics Governing Fact Investigations and the Discovery Process
- The Ethical Necessity to Investigate Publicly Available Information on Social Media
- The Ethical Limitations on Contact With an Adverse Party in the Private Social Media Context
- Ethical Guidelines Regarding the Social Media Presence of Witnesses, Jurors, and Judges
Attorney's Ethical Obligations Related to a Corporate or an Individual Client's Social Media Activity
- Counseling Company Employees and Screening Potentially Sensitive Posts to
- Avoid Potential Waiver of Privileged Communications or Statements That May Undermine a Client's Position
- Where Is the Line?: "Taking Down" Improper Statements vs. the Duty to
- Preserve Potential Discovery Material
- A Lawyer's Duty to Refrain From Participating in the Dissemination of False or Misleading Information
Attorney's Ethical Obligations Related to Her Own Social Media Activities
- Is My Personal LinkedIn® Page "Ethical"? Do the Same Rules Apply to In-House Counsel?
- Do My Personal Statements and Political Views Online Create Ethical Issues?
- Do the Statements or Views Expressed by Outside Counsel on Their (Firm or Personal) Social Media Sites Create a Potential Conflict of Interest for the Corporate or Individual Client?
Credit Information (Sponsored by Lorman Education Services):
For Detailed Credit Information page click
Only registered attendee will receive continuing education credit.
Rebecca M. Lamberth, Duane Morris LLP
- Partner with Duane Morris LLP with more than 30 years of litigation experience
- Co-Chair of the Firm’s Commercial, Securities and Antitrust Litigation Practice Division
- Practices in the areas of securities litigation, complex commercial litigation and the representation of lawyers and law firms
- Represents public and private companies, including REITs, with extensive experience in complex business and securities litigation, securities disclosure and corporate governance
- Advises public company clients on securities disclosure, corporate governance and D&O insurance issues and represents corporate clients before the SEC
- Represents and counsels lawyers and law firms in litigation and concerning professional conduct issues
- Written and spoken on topics related to her areas of expertise
- Atlanta Magazine named her a Georgia Super Lawyer (2006-2013)
- Listed in the Super Lawyers Corporate Counsel Edition
- Achieved the highest rating with the Martindale-Hubbell Law Directory
- J.D. degree, University of Virginia School of Law; B.A. degree, summa cum laude, Vanderbilt University
- Can be contacted at (404) 253-6000 or firstname.lastname@example.org
Miguel Alexander Pozo, Duane Morris LLP
- Partner with Duane Morris LLP with more than 20 years of litigation experience
- Practices in the area of business litigation with an emphasis on employment law and trademark/IP matters for clients in the luxury consumer goods, and automobile industries, among others
- Representative clients have included some of the most iconic brands in the world including Mercedes-Benz
- Past Deputy General Counsel and Head of U.S. Litigation for Mercedes-Benz USA, LLC
- Served on the N.J. Supreme Court District Ethics Committee (2008-2009)
- Listed in New Jersey Super Lawyers (2010-2013; 2015)
- N.J. Commission on Professionalism in the Law, "Professional Lawyer of the Year" (2011)
- New Jersey Law Journal, “40 Under 40” Lawyers List (2009)
- NJ Biz Magazine, “Forty Under 40” List (2009)
- Past National President of the Hispanic National Bar Association (HNBA) and the Hispanic Bar Association of New Jersey (HBA-NJ)
- J.D. degree Rutgers School of Law; B.A. degree, Hofstra University
- Can be contacted at 404-253-6963 or email@example.com