Cornell Journal of Law and Public Policy
Neither Friend Nor Follower: Ethical Boundaries on The Lawyer’s Use of Social Media
Fall 2014
お知らせ
A handful of state and local bars have begun to opine on lawyers’ use of social media in conducting investigations and informal discovery. Despite the increasing prevalence and diversity of social media, however, these few bar authorities have addressed lawyers’ use of social media in ways that are formalistic, limited in their technical explanations and analogies, and even, at times, arbitrary. As a result, the use of social media by litigants and their counsel has been needlessly and baselessly deterred. Rather than trying to address social media by relying on inapposite analogies to the “real world” and grasping at some transient definition of what is “public” vs. “private” information, state and local bars should focus their analyses on the application of the existing Rules of Professional Conduct and the time-tested prohibitions on fraud and deception. Further, the ABA, state bars, and other committees seeking to address the unique ethical questions and challenges raised by lawyers’ use of social media information should engage in a careful and informed study of the nature and functionality of social media as a new and distinct method of producing and sharing information before seeking to constrain its use under the existing Rules of Professional Conduct
連絡先
最新情報はこちらから