Are you a general counsel, managing partner, associate or sole practitioner? Then you need to understand that the rules of professional ethics have not kept pace with the increased use of social media for client communications and business development. The failure to do so can lead to serious ethical violations, including charges of the unauthorized practice of law, embarrassment to the firm, lost client confidence and litigation.
This webinar examines key ethical issues raised by social media, including the many ways attorneys can and have run afoul of bar association rules:
- How can you avoid being accused of the unauthorized practice of law for using social media?
- Is a law firm committing an ethical violation when it fails to properly supervise and regulate the use of social media by lawyers and paralegals?
- Can a lawyer create an unintended attorney-client relationship through the use of social media?
- When does a LinkedIn listing violate limits on legal advertising?
- Is it a violation of judicial canons for a judge and an attorney to be Facebook "friends "?
- How far can an attorney go to access the non-public social media posts of an adverse party's witness?
The Webinar will answer these questions and many more.
Agenda:
I. Introduction
II. Overview of ethical considerations associated with social media
III. Specific issues raised by social media
IV. Unauthorized practice of law
V. Competence, diligence and supervision
VI. Confidentiality and privilege
VII. Unintended attorney-client relationships
VIII. Conflict of interest
IX. Advertising and solicitation
X. False or misleading communications
XI. Communication with 3rd parties
XII. Judicial use of social media websites
XIII. Conclusion
XIV. Question Period
is is a shareholder with Shulman, Rogers, Pordy, Gandal & Ecker where he specializes in intellectual property litigation, data protection and social media law. Prior to joining Shulman Rogers, Mr. Toren was a partner with Kasowitz, Benson, Torres & Friedman and Sidley Austin in New York. He was also a federal prosecutor with the Computer Crime & Intellectual Property Section of the Criminal Division of the United States Department of Justice and is the author of numerous articles and of the treatise
(Law Journal Press 2003) which has been updated 15 times since it was first published in 2003.