Legal Ethics and Social Media: A Practitioner's Handbook, Second Edition
Gespeichert in:
| 1. Verfasser: | |
|---|---|
| Format: | Elektronisch E-Book |
| Sprache: | English |
| Veröffentlicht: |
La Vergne
American Bar Association
2023
|
| Ausgabe: | 1st ed |
| Schlagworte: | |
| Online-Zugang: | DE-2070s |
| Beschreibung: | Description based on publisher supplied metadata and other sources |
| Beschreibung: | 1 Online-Ressource (282 Seiten) |
| ISBN: | 9781639051977 |
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| 505 | 8 | |a Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- About the Authors -- Acknowledgments -- Preface -- Introduction -- Chapter 1: When J.D. Means "Just Don't" Know, Digital Competence Is Essential -- Questions -- 1. What is the cloud, and how may it be used? -- 2. What is outsourcing, and under what conditions is it acceptable? -- 3. What about using my laptop at the airport or at a coffee shop on the free Wi-Fi? -- 4. Do I need to be concerned about cybersecurity when I am working in my office or in my home? -- Chapter 2: The "Duty to Google": Representing Clients in the Digital Age -- Questions -- 1. What is a social media network? -- 2. How many people participate in social media networks? -- 3. What are some examples of popular social media networks of which lawyers should be aware? -- 4. What are some of the ways in which social media has impacted the practice of law? -- 5. How has social media impacted the establishment of appropriate jurisdiction in the litigation of a matter? -- 6. Have any courts approved substituted service of process via a social media network? -- 7. What do I need to demonstrate to the court to obtain permission to use substitute service via social media? -- Chapter 3: You Posted What? Advising Your Client about Social Media -- Questions -- 1. How did social media savvy become a component of attorney competence? -- 2. How much do I really need to know about my clients' social media activity? -- 3. May I advise my client to use or change her privacy settings? -- 4. May I advise my client as to what to post on social media? -- 5. My client has some Facebook posts that could really hurt our case. May I ethically tell her to take them down or delete them? And may I tell her to refrain from using social media during the case? -- 6. Should I monitor my client's use of social media during the case? | |
| 505 | 8 | |a Appendix of State Ethics Advisory Opinions -- Chapter 4: Social Sleuthing and Discovery -- Questions -- 1. What is informal social media discovery? -- 2. What are the primary legal ethics rules that pertain to informal social media discovery? -- 3. May I review an opposing party's social media accounts? -- 4. May I contact an opposing party by connecting or friending him on social media? If the answer is yes, what is the proper procedure for doing so? -- 5. I'm suing this company for employment discrimination, and I'm sure many of my client's former co-workers who are still there have some good dirt on the employment practices at their firm. A number of them are on Facebook. May I ethically reach out to them via social media? -- 6. May I review a witness's social media accounts? -- 7. May I contact a witness through social media? If the answer is yes, what is the proper procedure for doing so? -- 8. Do the contact rules for the opposing party or witness differ if I have a law clerk or paralegal engage in the contact? -- 9. Is it permissible to review an opposing party or witness's social media postings that are behind a privacy wall if my client, a witness, or an employee at my firm has been connected on social media to the opposing party or witness prior to the incidents that are the subject of the current lawsuit? -- 10. In the event that I permissibly view and locate potential evidence on any aspect of the social media accounts of the opposing parties or any of the witnesses in a case, what, if any, other steps should I take to preserve the evidence? -- 11. What is formal discovery as it relates to social media? -- 12. What types of questions should I be asking in interrogatories? -- 13. What questions should I include in a request for production of documents? -- 14. What questions should I pose in opposing party or witness depositions? | |
| 505 | 8 | |a 15. If I receive discovery that requests social media information or production of documents from my client, what are appropriate objections to the requests? -- 16. If the other party is refusing to respond or objecting to interrogatories or a request for production of documents, what is the likelihood that I will succeed in obtaining the information if I file a motion to compel? -- 17. Assuming that I obtain useful social media discovery, what issues arise if I choose to use social media evidence at trial? -- Chapter 5: Digital Hide-and-Seek? Preservation and Spoliation of Evidence -- Questions -- 1. What is the relationship between the Model Rules of Professional Conduct and spoliation? -- 2. What if a client has changed his privacy setting prior to the lawsuit, but after the incident that gives rise to the legal claim? -- 3. Is there any problem with a client changing privacy settings during a pending case? -- 4. Does deactivating a social media account constitute spoliation? -- 5. Does an inadvertent deactivation constitute spoliation? -- 6. What happens when my client has already deleted posts? -- 7. When deletion of relevant evidence occurs after counsel is retained, will it constitute spoliation that may result in severe sanctions? And what may happen if the court finds that counsel participated in or ratified the deletion? -- 8. What are the potential repercussions of a client removing social media evidence in a criminal case? -- Chapter 6: Juror, Juror on the (Social Media) Wall, Who's the Fairest of Them All? -- Questions -- 1. I have a big trial coming up, and I want to gather as much "intel" on the jury panel as I can before I make my strikes. May I research the social media profiles and online postings of the venire members? -- 2. Can I get in trouble for "Facebooking" the jury? What are the potential impediments or dangers involved? | |
| 505 | 8 | |a 3. Are there risks involved in not "Facebooking" the jury? -- 4. If a judge asks me to justify my "Facebooking the jury," or orders the parties to brief the issue, is there any case support that I may cite? -- 5. My upcoming trial is in front of a judge who doesn't seem to be the type to embrace technology. Is this typical, and what are some of the judicial concerns about online research on prospective jurors that I should anticipate? -- 6. Should I notify the judge if I plan to conduct online research of the jurors? -- 7. Do judges restrict online research of jurors? -- 8. Do some courts have identifiable rules for researching jurors? -- 9. Have any ethics opinions addressed online juror research, and what kind of guidance has been provided? -- Chapter 7: Through the Prosecutorial Looking Glass: Prosecutors, Ethics, and Social Media -- Question -- 1. I'm an assistant district attorney, and our office uses social media quite a bit, including for researching incriminating posts by defendants. But are there any ethical danger areas of which we should be aware? -- Chapter 8: "Friends" with No Benefits? Judges, Legal Ethics, and Social Media -- Questions -- 1. I have an important hearing coming up and when I looked up opposing counsel's Facebook page, I saw that among her "friends" is the judge in our case. Is this ethically permissible? Should I file a motion to recuse? -- 2. I found out that the judge in one of my cases is a Facebook friend of a family member of one of the parties. Is this grounds for recusal? -- 3. What are some of the primary concerns about judicial misuse of social media? -- Appendix Guide of Ethics Advisory Opinions Regarding Judges on Social Media -- Chapter 9: Cover Your Digital Assets! Social Media's Impact on the Transactional Lawyer -- Question | |
| 505 | 8 | |a 1. How has social media impacted the fundamental ethical obligations of competence, diligence, communication, and confidentiality across various practice areas? -- Trust and Estate Law -- Securities Law -- Mergers and Acquisitions -- Bankruptcy -- Labor and Employment Law -- Government Law -- Chapter 10: Attorney Advertising in an Age of LinkedIn, Twitter, and Blogs -- Questions -- 1. Is my law firm website compliant? -- 2. What are some guidelines for blogging? -- 3. Any problem with linking my blog to my law firm website? -- 4. Any problem with advertising on Facebook? -- 5. What about YouTube or TikTok? -- 6. I have been asked to be an expert on a website where members of the public may pose questions. Any ethical issues I need to consider? -- 7. Should I claim my Avvo page? -- 8. Any issues with using pay-per-lead or pay-per-click advertising? -- 9. May I offer a Groupon or other daily deal coupon for my services? -- 10. Is it okay to purchase Google AdWords to increase my business? -- 11. May I use LinkedIn for advertising? How should I list my skills? What about accepting endorsements and recommendations? -- Chapter 11: They Said What about Me? Ethically Filtering Your Response to a Negative Online Review -- Questions -- 1. An unhappy former client of mine has slammed me on Facebook and on online consumer sites like Yelp! My reputation is being trashed, and I want to defend myself. May I go online and set the record straight by telling my side of the story? -- 2. Why can't I bring a defamation lawsuit? After all, this client is trashing me by making false statements about my handling of the case. -- 3. How does anonymous online criticism impact the viability of a defamation suit? -- 4. Do anti-SLAPP statutes limit defamation suits against clients for negative online criticism? | |
| 505 | 8 | |a 5. Is there a best practice for dealing with negative online reviews? | |
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| contents | Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- About the Authors -- Acknowledgments -- Preface -- Introduction -- Chapter 1: When J.D. Means "Just Don't" Know, Digital Competence Is Essential -- Questions -- 1. What is the cloud, and how may it be used? -- 2. What is outsourcing, and under what conditions is it acceptable? -- 3. What about using my laptop at the airport or at a coffee shop on the free Wi-Fi? -- 4. Do I need to be concerned about cybersecurity when I am working in my office or in my home? -- Chapter 2: The "Duty to Google": Representing Clients in the Digital Age -- Questions -- 1. What is a social media network? -- 2. How many people participate in social media networks? -- 3. What are some examples of popular social media networks of which lawyers should be aware? -- 4. What are some of the ways in which social media has impacted the practice of law? -- 5. How has social media impacted the establishment of appropriate jurisdiction in the litigation of a matter? -- 6. Have any courts approved substituted service of process via a social media network? -- 7. What do I need to demonstrate to the court to obtain permission to use substitute service via social media? -- Chapter 3: You Posted What? Advising Your Client about Social Media -- Questions -- 1. How did social media savvy become a component of attorney competence? -- 2. How much do I really need to know about my clients' social media activity? -- 3. May I advise my client to use or change her privacy settings? -- 4. May I advise my client as to what to post on social media? -- 5. My client has some Facebook posts that could really hurt our case. May I ethically tell her to take them down or delete them? And may I tell her to refrain from using social media during the case? -- 6. Should I monitor my client's use of social media during the case? Appendix of State Ethics Advisory Opinions -- Chapter 4: Social Sleuthing and Discovery -- Questions -- 1. What is informal social media discovery? -- 2. What are the primary legal ethics rules that pertain to informal social media discovery? -- 3. May I review an opposing party's social media accounts? -- 4. May I contact an opposing party by connecting or friending him on social media? If the answer is yes, what is the proper procedure for doing so? -- 5. I'm suing this company for employment discrimination, and I'm sure many of my client's former co-workers who are still there have some good dirt on the employment practices at their firm. A number of them are on Facebook. May I ethically reach out to them via social media? -- 6. May I review a witness's social media accounts? -- 7. May I contact a witness through social media? If the answer is yes, what is the proper procedure for doing so? -- 8. Do the contact rules for the opposing party or witness differ if I have a law clerk or paralegal engage in the contact? -- 9. Is it permissible to review an opposing party or witness's social media postings that are behind a privacy wall if my client, a witness, or an employee at my firm has been connected on social media to the opposing party or witness prior to the incidents that are the subject of the current lawsuit? -- 10. In the event that I permissibly view and locate potential evidence on any aspect of the social media accounts of the opposing parties or any of the witnesses in a case, what, if any, other steps should I take to preserve the evidence? -- 11. What is formal discovery as it relates to social media? -- 12. What types of questions should I be asking in interrogatories? -- 13. What questions should I include in a request for production of documents? -- 14. What questions should I pose in opposing party or witness depositions? 15. If I receive discovery that requests social media information or production of documents from my client, what are appropriate objections to the requests? -- 16. If the other party is refusing to respond or objecting to interrogatories or a request for production of documents, what is the likelihood that I will succeed in obtaining the information if I file a motion to compel? -- 17. Assuming that I obtain useful social media discovery, what issues arise if I choose to use social media evidence at trial? -- Chapter 5: Digital Hide-and-Seek? Preservation and Spoliation of Evidence -- Questions -- 1. What is the relationship between the Model Rules of Professional Conduct and spoliation? -- 2. What if a client has changed his privacy setting prior to the lawsuit, but after the incident that gives rise to the legal claim? -- 3. Is there any problem with a client changing privacy settings during a pending case? -- 4. Does deactivating a social media account constitute spoliation? -- 5. Does an inadvertent deactivation constitute spoliation? -- 6. What happens when my client has already deleted posts? -- 7. When deletion of relevant evidence occurs after counsel is retained, will it constitute spoliation that may result in severe sanctions? And what may happen if the court finds that counsel participated in or ratified the deletion? -- 8. What are the potential repercussions of a client removing social media evidence in a criminal case? -- Chapter 6: Juror, Juror on the (Social Media) Wall, Who's the Fairest of Them All? -- Questions -- 1. I have a big trial coming up, and I want to gather as much "intel" on the jury panel as I can before I make my strikes. May I research the social media profiles and online postings of the venire members? -- 2. Can I get in trouble for "Facebooking" the jury? What are the potential impediments or dangers involved? 3. Are there risks involved in not "Facebooking" the jury? -- 4. If a judge asks me to justify my "Facebooking the jury," or orders the parties to brief the issue, is there any case support that I may cite? -- 5. My upcoming trial is in front of a judge who doesn't seem to be the type to embrace technology. Is this typical, and what are some of the judicial concerns about online research on prospective jurors that I should anticipate? -- 6. Should I notify the judge if I plan to conduct online research of the jurors? -- 7. Do judges restrict online research of jurors? -- 8. Do some courts have identifiable rules for researching jurors? -- 9. Have any ethics opinions addressed online juror research, and what kind of guidance has been provided? -- Chapter 7: Through the Prosecutorial Looking Glass: Prosecutors, Ethics, and Social Media -- Question -- 1. I'm an assistant district attorney, and our office uses social media quite a bit, including for researching incriminating posts by defendants. But are there any ethical danger areas of which we should be aware? -- Chapter 8: "Friends" with No Benefits? Judges, Legal Ethics, and Social Media -- Questions -- 1. I have an important hearing coming up and when I looked up opposing counsel's Facebook page, I saw that among her "friends" is the judge in our case. Is this ethically permissible? Should I file a motion to recuse? -- 2. I found out that the judge in one of my cases is a Facebook friend of a family member of one of the parties. Is this grounds for recusal? -- 3. What are some of the primary concerns about judicial misuse of social media? -- Appendix Guide of Ethics Advisory Opinions Regarding Judges on Social Media -- Chapter 9: Cover Your Digital Assets! Social Media's Impact on the Transactional Lawyer -- Question 1. How has social media impacted the fundamental ethical obligations of competence, diligence, communication, and confidentiality across various practice areas? -- Trust and Estate Law -- Securities Law -- Mergers and Acquisitions -- Bankruptcy -- Labor and Employment Law -- Government Law -- Chapter 10: Attorney Advertising in an Age of LinkedIn, Twitter, and Blogs -- Questions -- 1. Is my law firm website compliant? -- 2. What are some guidelines for blogging? -- 3. Any problem with linking my blog to my law firm website? -- 4. Any problem with advertising on Facebook? -- 5. What about YouTube or TikTok? -- 6. I have been asked to be an expert on a website where members of the public may pose questions. Any ethical issues I need to consider? -- 7. Should I claim my Avvo page? -- 8. Any issues with using pay-per-lead or pay-per-click advertising? -- 9. May I offer a Groupon or other daily deal coupon for my services? -- 10. Is it okay to purchase Google AdWords to increase my business? -- 11. May I use LinkedIn for advertising? How should I list my skills? What about accepting endorsements and recommendations? -- Chapter 11: They Said What about Me? Ethically Filtering Your Response to a Negative Online Review -- Questions -- 1. An unhappy former client of mine has slammed me on Facebook and on online consumer sites like Yelp! My reputation is being trashed, and I want to defend myself. May I go online and set the record straight by telling my side of the story? -- 2. Why can't I bring a defamation lawsuit? After all, this client is trashing me by making false statements about my handling of the case. -- 3. How does anonymous online criticism impact the viability of a defamation suit? -- 4. Do anti-SLAPP statutes limit defamation suits against clients for negative online criticism? 5. Is there a best practice for dealing with negative online reviews? |
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| dewey-hundreds | 100 - Philosophy & psychology |
| dewey-ones | 174 - Occupational ethics |
| dewey-raw | 174/.30973 |
| dewey-search | 174/.30973 |
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| dewey-tens | 170 - Ethics (Moral philosophy) |
| discipline | Philosophie |
| edition | 1st ed |
| format | Electronic eBook |
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Means "Just Don't" Know, Digital Competence Is Essential -- Questions -- 1. What is the cloud, and how may it be used? -- 2. What is outsourcing, and under what conditions is it acceptable? -- 3. What about using my laptop at the airport or at a coffee shop on the free Wi-Fi? -- 4. Do I need to be concerned about cybersecurity when I am working in my office or in my home? -- Chapter 2: The "Duty to Google": Representing Clients in the Digital Age -- Questions -- 1. What is a social media network? -- 2. How many people participate in social media networks? -- 3. What are some examples of popular social media networks of which lawyers should be aware? -- 4. What are some of the ways in which social media has impacted the practice of law? -- 5. How has social media impacted the establishment of appropriate jurisdiction in the litigation of a matter? -- 6. Have any courts approved substituted service of process via a social media network? -- 7. What do I need to demonstrate to the court to obtain permission to use substitute service via social media? -- Chapter 3: You Posted What? Advising Your Client about Social Media -- Questions -- 1. How did social media savvy become a component of attorney competence? -- 2. How much do I really need to know about my clients' social media activity? -- 3. May I advise my client to use or change her privacy settings? -- 4. May I advise my client as to what to post on social media? -- 5. My client has some Facebook posts that could really hurt our case. May I ethically tell her to take them down or delete them? And may I tell her to refrain from using social media during the case? -- 6. Should I monitor my client's use of social media during the case?</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">Appendix of State Ethics Advisory Opinions -- Chapter 4: Social Sleuthing and Discovery -- Questions -- 1. What is informal social media discovery? -- 2. What are the primary legal ethics rules that pertain to informal social media discovery? -- 3. May I review an opposing party's social media accounts? -- 4. May I contact an opposing party by connecting or friending him on social media? If the answer is yes, what is the proper procedure for doing so? -- 5. I'm suing this company for employment discrimination, and I'm sure many of my client's former co-workers who are still there have some good dirt on the employment practices at their firm. A number of them are on Facebook. May I ethically reach out to them via social media? -- 6. May I review a witness's social media accounts? -- 7. May I contact a witness through social media? If the answer is yes, what is the proper procedure for doing so? -- 8. Do the contact rules for the opposing party or witness differ if I have a law clerk or paralegal engage in the contact? -- 9. Is it permissible to review an opposing party or witness's social media postings that are behind a privacy wall if my client, a witness, or an employee at my firm has been connected on social media to the opposing party or witness prior to the incidents that are the subject of the current lawsuit? -- 10. In the event that I permissibly view and locate potential evidence on any aspect of the social media accounts of the opposing parties or any of the witnesses in a case, what, if any, other steps should I take to preserve the evidence? -- 11. What is formal discovery as it relates to social media? -- 12. What types of questions should I be asking in interrogatories? -- 13. What questions should I include in a request for production of documents? -- 14. What questions should I pose in opposing party or witness depositions?</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">15. If I receive discovery that requests social media information or production of documents from my client, what are appropriate objections to the requests? -- 16. If the other party is refusing to respond or objecting to interrogatories or a request for production of documents, what is the likelihood that I will succeed in obtaining the information if I file a motion to compel? -- 17. Assuming that I obtain useful social media discovery, what issues arise if I choose to use social media evidence at trial? -- Chapter 5: Digital Hide-and-Seek? Preservation and Spoliation of Evidence -- Questions -- 1. What is the relationship between the Model Rules of Professional Conduct and spoliation? -- 2. What if a client has changed his privacy setting prior to the lawsuit, but after the incident that gives rise to the legal claim? -- 3. Is there any problem with a client changing privacy settings during a pending case? -- 4. Does deactivating a social media account constitute spoliation? -- 5. Does an inadvertent deactivation constitute spoliation? -- 6. What happens when my client has already deleted posts? -- 7. When deletion of relevant evidence occurs after counsel is retained, will it constitute spoliation that may result in severe sanctions? And what may happen if the court finds that counsel participated in or ratified the deletion? -- 8. What are the potential repercussions of a client removing social media evidence in a criminal case? -- Chapter 6: Juror, Juror on the (Social Media) Wall, Who's the Fairest of Them All? -- Questions -- 1. I have a big trial coming up, and I want to gather as much "intel" on the jury panel as I can before I make my strikes. May I research the social media profiles and online postings of the venire members? -- 2. Can I get in trouble for "Facebooking" the jury? What are the potential impediments or dangers involved?</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">3. Are there risks involved in not "Facebooking" the jury? -- 4. If a judge asks me to justify my "Facebooking the jury," or orders the parties to brief the issue, is there any case support that I may cite? -- 5. My upcoming trial is in front of a judge who doesn't seem to be the type to embrace technology. Is this typical, and what are some of the judicial concerns about online research on prospective jurors that I should anticipate? -- 6. Should I notify the judge if I plan to conduct online research of the jurors? -- 7. Do judges restrict online research of jurors? -- 8. Do some courts have identifiable rules for researching jurors? -- 9. Have any ethics opinions addressed online juror research, and what kind of guidance has been provided? -- Chapter 7: Through the Prosecutorial Looking Glass: Prosecutors, Ethics, and Social Media -- Question -- 1. I'm an assistant district attorney, and our office uses social media quite a bit, including for researching incriminating posts by defendants. But are there any ethical danger areas of which we should be aware? -- Chapter 8: "Friends" with No Benefits? Judges, Legal Ethics, and Social Media -- Questions -- 1. I have an important hearing coming up and when I looked up opposing counsel's Facebook page, I saw that among her "friends" is the judge in our case. Is this ethically permissible? Should I file a motion to recuse? -- 2. I found out that the judge in one of my cases is a Facebook friend of a family member of one of the parties. Is this grounds for recusal? -- 3. What are some of the primary concerns about judicial misuse of social media? -- Appendix Guide of Ethics Advisory Opinions Regarding Judges on Social Media -- Chapter 9: Cover Your Digital Assets! Social Media's Impact on the Transactional Lawyer -- Question</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">1. How has social media impacted the fundamental ethical obligations of competence, diligence, communication, and confidentiality across various practice areas? -- Trust and Estate Law -- Securities Law -- Mergers and Acquisitions -- Bankruptcy -- Labor and Employment Law -- Government Law -- Chapter 10: Attorney Advertising in an Age of LinkedIn, Twitter, and Blogs -- Questions -- 1. Is my law firm website compliant? -- 2. What are some guidelines for blogging? -- 3. Any problem with linking my blog to my law firm website? -- 4. Any problem with advertising on Facebook? -- 5. What about YouTube or TikTok? -- 6. I have been asked to be an expert on a website where members of the public may pose questions. Any ethical issues I need to consider? -- 7. Should I claim my Avvo page? -- 8. Any issues with using pay-per-lead or pay-per-click advertising? -- 9. May I offer a Groupon or other daily deal coupon for my services? -- 10. Is it okay to purchase Google AdWords to increase my business? -- 11. May I use LinkedIn for advertising? How should I list my skills? What about accepting endorsements and recommendations? -- Chapter 11: They Said What about Me? Ethically Filtering Your Response to a Negative Online Review -- Questions -- 1. An unhappy former client of mine has slammed me on Facebook and on online consumer sites like Yelp! My reputation is being trashed, and I want to defend myself. May I go online and set the record straight by telling my side of the story? -- 2. Why can't I bring a defamation lawsuit? After all, this client is trashing me by making false statements about my handling of the case. -- 3. How does anonymous online criticism impact the viability of a defamation suit? -- 4. 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| id | DE-604.BV050173916 |
| illustrated | Not Illustrated |
| indexdate | 2025-02-19T17:44:41Z |
| institution | BVB |
| isbn | 9781639051977 |
| language | English |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-035509796 |
| oclc_num | 1402029439 |
| open_access_boolean | |
| owner | DE-2070s |
| owner_facet | DE-2070s |
| physical | 1 Online-Ressource (282 Seiten) |
| psigel | ZDB-30-PQE HWR_PDA_PQE |
| publishDate | 2023 |
| publishDateSearch | 2023 |
| publishDateSort | 2023 |
| publisher | American Bar Association |
| record_format | marc |
| spelling | Jacobowitz, Jan L. Verfasser aut Legal Ethics and Social Media A Practitioner's Handbook, Second Edition 1st ed La Vergne American Bar Association 2023 ©2023 1 Online-Ressource (282 Seiten) txt rdacontent c rdamedia cr rdacarrier Description based on publisher supplied metadata and other sources Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- About the Authors -- Acknowledgments -- Preface -- Introduction -- Chapter 1: When J.D. Means "Just Don't" Know, Digital Competence Is Essential -- Questions -- 1. What is the cloud, and how may it be used? -- 2. What is outsourcing, and under what conditions is it acceptable? -- 3. What about using my laptop at the airport or at a coffee shop on the free Wi-Fi? -- 4. Do I need to be concerned about cybersecurity when I am working in my office or in my home? -- Chapter 2: The "Duty to Google": Representing Clients in the Digital Age -- Questions -- 1. What is a social media network? -- 2. How many people participate in social media networks? -- 3. What are some examples of popular social media networks of which lawyers should be aware? -- 4. What are some of the ways in which social media has impacted the practice of law? -- 5. How has social media impacted the establishment of appropriate jurisdiction in the litigation of a matter? -- 6. Have any courts approved substituted service of process via a social media network? -- 7. What do I need to demonstrate to the court to obtain permission to use substitute service via social media? -- Chapter 3: You Posted What? Advising Your Client about Social Media -- Questions -- 1. How did social media savvy become a component of attorney competence? -- 2. How much do I really need to know about my clients' social media activity? -- 3. May I advise my client to use or change her privacy settings? -- 4. May I advise my client as to what to post on social media? -- 5. My client has some Facebook posts that could really hurt our case. May I ethically tell her to take them down or delete them? And may I tell her to refrain from using social media during the case? -- 6. Should I monitor my client's use of social media during the case? Appendix of State Ethics Advisory Opinions -- Chapter 4: Social Sleuthing and Discovery -- Questions -- 1. What is informal social media discovery? -- 2. What are the primary legal ethics rules that pertain to informal social media discovery? -- 3. May I review an opposing party's social media accounts? -- 4. May I contact an opposing party by connecting or friending him on social media? If the answer is yes, what is the proper procedure for doing so? -- 5. I'm suing this company for employment discrimination, and I'm sure many of my client's former co-workers who are still there have some good dirt on the employment practices at their firm. A number of them are on Facebook. May I ethically reach out to them via social media? -- 6. May I review a witness's social media accounts? -- 7. May I contact a witness through social media? If the answer is yes, what is the proper procedure for doing so? -- 8. Do the contact rules for the opposing party or witness differ if I have a law clerk or paralegal engage in the contact? -- 9. Is it permissible to review an opposing party or witness's social media postings that are behind a privacy wall if my client, a witness, or an employee at my firm has been connected on social media to the opposing party or witness prior to the incidents that are the subject of the current lawsuit? -- 10. In the event that I permissibly view and locate potential evidence on any aspect of the social media accounts of the opposing parties or any of the witnesses in a case, what, if any, other steps should I take to preserve the evidence? -- 11. What is formal discovery as it relates to social media? -- 12. What types of questions should I be asking in interrogatories? -- 13. What questions should I include in a request for production of documents? -- 14. What questions should I pose in opposing party or witness depositions? 15. If I receive discovery that requests social media information or production of documents from my client, what are appropriate objections to the requests? -- 16. If the other party is refusing to respond or objecting to interrogatories or a request for production of documents, what is the likelihood that I will succeed in obtaining the information if I file a motion to compel? -- 17. Assuming that I obtain useful social media discovery, what issues arise if I choose to use social media evidence at trial? -- Chapter 5: Digital Hide-and-Seek? Preservation and Spoliation of Evidence -- Questions -- 1. What is the relationship between the Model Rules of Professional Conduct and spoliation? -- 2. What if a client has changed his privacy setting prior to the lawsuit, but after the incident that gives rise to the legal claim? -- 3. Is there any problem with a client changing privacy settings during a pending case? -- 4. Does deactivating a social media account constitute spoliation? -- 5. Does an inadvertent deactivation constitute spoliation? -- 6. What happens when my client has already deleted posts? -- 7. When deletion of relevant evidence occurs after counsel is retained, will it constitute spoliation that may result in severe sanctions? And what may happen if the court finds that counsel participated in or ratified the deletion? -- 8. What are the potential repercussions of a client removing social media evidence in a criminal case? -- Chapter 6: Juror, Juror on the (Social Media) Wall, Who's the Fairest of Them All? -- Questions -- 1. I have a big trial coming up, and I want to gather as much "intel" on the jury panel as I can before I make my strikes. May I research the social media profiles and online postings of the venire members? -- 2. Can I get in trouble for "Facebooking" the jury? What are the potential impediments or dangers involved? 3. Are there risks involved in not "Facebooking" the jury? -- 4. If a judge asks me to justify my "Facebooking the jury," or orders the parties to brief the issue, is there any case support that I may cite? -- 5. My upcoming trial is in front of a judge who doesn't seem to be the type to embrace technology. Is this typical, and what are some of the judicial concerns about online research on prospective jurors that I should anticipate? -- 6. Should I notify the judge if I plan to conduct online research of the jurors? -- 7. Do judges restrict online research of jurors? -- 8. Do some courts have identifiable rules for researching jurors? -- 9. Have any ethics opinions addressed online juror research, and what kind of guidance has been provided? -- Chapter 7: Through the Prosecutorial Looking Glass: Prosecutors, Ethics, and Social Media -- Question -- 1. I'm an assistant district attorney, and our office uses social media quite a bit, including for researching incriminating posts by defendants. But are there any ethical danger areas of which we should be aware? -- Chapter 8: "Friends" with No Benefits? Judges, Legal Ethics, and Social Media -- Questions -- 1. I have an important hearing coming up and when I looked up opposing counsel's Facebook page, I saw that among her "friends" is the judge in our case. Is this ethically permissible? Should I file a motion to recuse? -- 2. I found out that the judge in one of my cases is a Facebook friend of a family member of one of the parties. Is this grounds for recusal? -- 3. What are some of the primary concerns about judicial misuse of social media? -- Appendix Guide of Ethics Advisory Opinions Regarding Judges on Social Media -- Chapter 9: Cover Your Digital Assets! Social Media's Impact on the Transactional Lawyer -- Question 1. How has social media impacted the fundamental ethical obligations of competence, diligence, communication, and confidentiality across various practice areas? -- Trust and Estate Law -- Securities Law -- Mergers and Acquisitions -- Bankruptcy -- Labor and Employment Law -- Government Law -- Chapter 10: Attorney Advertising in an Age of LinkedIn, Twitter, and Blogs -- Questions -- 1. Is my law firm website compliant? -- 2. What are some guidelines for blogging? -- 3. Any problem with linking my blog to my law firm website? -- 4. Any problem with advertising on Facebook? -- 5. What about YouTube or TikTok? -- 6. I have been asked to be an expert on a website where members of the public may pose questions. Any ethical issues I need to consider? -- 7. Should I claim my Avvo page? -- 8. Any issues with using pay-per-lead or pay-per-click advertising? -- 9. May I offer a Groupon or other daily deal coupon for my services? -- 10. Is it okay to purchase Google AdWords to increase my business? -- 11. May I use LinkedIn for advertising? How should I list my skills? What about accepting endorsements and recommendations? -- Chapter 11: They Said What about Me? Ethically Filtering Your Response to a Negative Online Review -- Questions -- 1. An unhappy former client of mine has slammed me on Facebook and on online consumer sites like Yelp! My reputation is being trashed, and I want to defend myself. May I go online and set the record straight by telling my side of the story? -- 2. Why can't I bring a defamation lawsuit? After all, this client is trashing me by making false statements about my handling of the case. -- 3. How does anonymous online criticism impact the viability of a defamation suit? -- 4. Do anti-SLAPP statutes limit defamation suits against clients for negative online criticism? 5. Is there a best practice for dealing with negative online reviews? Legal ethics-United States Social media-Law and legislation-United States Electronic evidence-United States Internet in legal services-United States Browning, John G. Sonstige oth Erscheint auch als Druck-Ausgabe Jacobowitz, Jan L. Legal Ethics and Social Media La Vergne : American Bar Association,c2023 9781639051960 |
| spellingShingle | Jacobowitz, Jan L. Legal Ethics and Social Media A Practitioner's Handbook, Second Edition Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- About the Authors -- Acknowledgments -- Preface -- Introduction -- Chapter 1: When J.D. Means "Just Don't" Know, Digital Competence Is Essential -- Questions -- 1. What is the cloud, and how may it be used? -- 2. What is outsourcing, and under what conditions is it acceptable? -- 3. What about using my laptop at the airport or at a coffee shop on the free Wi-Fi? -- 4. Do I need to be concerned about cybersecurity when I am working in my office or in my home? -- Chapter 2: The "Duty to Google": Representing Clients in the Digital Age -- Questions -- 1. What is a social media network? -- 2. How many people participate in social media networks? -- 3. What are some examples of popular social media networks of which lawyers should be aware? -- 4. What are some of the ways in which social media has impacted the practice of law? -- 5. How has social media impacted the establishment of appropriate jurisdiction in the litigation of a matter? -- 6. Have any courts approved substituted service of process via a social media network? -- 7. What do I need to demonstrate to the court to obtain permission to use substitute service via social media? -- Chapter 3: You Posted What? Advising Your Client about Social Media -- Questions -- 1. How did social media savvy become a component of attorney competence? -- 2. How much do I really need to know about my clients' social media activity? -- 3. May I advise my client to use or change her privacy settings? -- 4. May I advise my client as to what to post on social media? -- 5. My client has some Facebook posts that could really hurt our case. May I ethically tell her to take them down or delete them? And may I tell her to refrain from using social media during the case? -- 6. Should I monitor my client's use of social media during the case? Appendix of State Ethics Advisory Opinions -- Chapter 4: Social Sleuthing and Discovery -- Questions -- 1. What is informal social media discovery? -- 2. What are the primary legal ethics rules that pertain to informal social media discovery? -- 3. May I review an opposing party's social media accounts? -- 4. May I contact an opposing party by connecting or friending him on social media? If the answer is yes, what is the proper procedure for doing so? -- 5. I'm suing this company for employment discrimination, and I'm sure many of my client's former co-workers who are still there have some good dirt on the employment practices at their firm. A number of them are on Facebook. May I ethically reach out to them via social media? -- 6. May I review a witness's social media accounts? -- 7. May I contact a witness through social media? If the answer is yes, what is the proper procedure for doing so? -- 8. Do the contact rules for the opposing party or witness differ if I have a law clerk or paralegal engage in the contact? -- 9. Is it permissible to review an opposing party or witness's social media postings that are behind a privacy wall if my client, a witness, or an employee at my firm has been connected on social media to the opposing party or witness prior to the incidents that are the subject of the current lawsuit? -- 10. In the event that I permissibly view and locate potential evidence on any aspect of the social media accounts of the opposing parties or any of the witnesses in a case, what, if any, other steps should I take to preserve the evidence? -- 11. What is formal discovery as it relates to social media? -- 12. What types of questions should I be asking in interrogatories? -- 13. What questions should I include in a request for production of documents? -- 14. What questions should I pose in opposing party or witness depositions? 15. If I receive discovery that requests social media information or production of documents from my client, what are appropriate objections to the requests? -- 16. If the other party is refusing to respond or objecting to interrogatories or a request for production of documents, what is the likelihood that I will succeed in obtaining the information if I file a motion to compel? -- 17. Assuming that I obtain useful social media discovery, what issues arise if I choose to use social media evidence at trial? -- Chapter 5: Digital Hide-and-Seek? Preservation and Spoliation of Evidence -- Questions -- 1. What is the relationship between the Model Rules of Professional Conduct and spoliation? -- 2. What if a client has changed his privacy setting prior to the lawsuit, but after the incident that gives rise to the legal claim? -- 3. Is there any problem with a client changing privacy settings during a pending case? -- 4. Does deactivating a social media account constitute spoliation? -- 5. Does an inadvertent deactivation constitute spoliation? -- 6. What happens when my client has already deleted posts? -- 7. When deletion of relevant evidence occurs after counsel is retained, will it constitute spoliation that may result in severe sanctions? And what may happen if the court finds that counsel participated in or ratified the deletion? -- 8. What are the potential repercussions of a client removing social media evidence in a criminal case? -- Chapter 6: Juror, Juror on the (Social Media) Wall, Who's the Fairest of Them All? -- Questions -- 1. I have a big trial coming up, and I want to gather as much "intel" on the jury panel as I can before I make my strikes. May I research the social media profiles and online postings of the venire members? -- 2. Can I get in trouble for "Facebooking" the jury? What are the potential impediments or dangers involved? 3. Are there risks involved in not "Facebooking" the jury? -- 4. If a judge asks me to justify my "Facebooking the jury," or orders the parties to brief the issue, is there any case support that I may cite? -- 5. My upcoming trial is in front of a judge who doesn't seem to be the type to embrace technology. Is this typical, and what are some of the judicial concerns about online research on prospective jurors that I should anticipate? -- 6. Should I notify the judge if I plan to conduct online research of the jurors? -- 7. Do judges restrict online research of jurors? -- 8. Do some courts have identifiable rules for researching jurors? -- 9. Have any ethics opinions addressed online juror research, and what kind of guidance has been provided? -- Chapter 7: Through the Prosecutorial Looking Glass: Prosecutors, Ethics, and Social Media -- Question -- 1. I'm an assistant district attorney, and our office uses social media quite a bit, including for researching incriminating posts by defendants. But are there any ethical danger areas of which we should be aware? -- Chapter 8: "Friends" with No Benefits? Judges, Legal Ethics, and Social Media -- Questions -- 1. I have an important hearing coming up and when I looked up opposing counsel's Facebook page, I saw that among her "friends" is the judge in our case. Is this ethically permissible? Should I file a motion to recuse? -- 2. I found out that the judge in one of my cases is a Facebook friend of a family member of one of the parties. Is this grounds for recusal? -- 3. What are some of the primary concerns about judicial misuse of social media? -- Appendix Guide of Ethics Advisory Opinions Regarding Judges on Social Media -- Chapter 9: Cover Your Digital Assets! Social Media's Impact on the Transactional Lawyer -- Question 1. How has social media impacted the fundamental ethical obligations of competence, diligence, communication, and confidentiality across various practice areas? -- Trust and Estate Law -- Securities Law -- Mergers and Acquisitions -- Bankruptcy -- Labor and Employment Law -- Government Law -- Chapter 10: Attorney Advertising in an Age of LinkedIn, Twitter, and Blogs -- Questions -- 1. Is my law firm website compliant? -- 2. What are some guidelines for blogging? -- 3. Any problem with linking my blog to my law firm website? -- 4. Any problem with advertising on Facebook? -- 5. What about YouTube or TikTok? -- 6. I have been asked to be an expert on a website where members of the public may pose questions. Any ethical issues I need to consider? -- 7. Should I claim my Avvo page? -- 8. Any issues with using pay-per-lead or pay-per-click advertising? -- 9. May I offer a Groupon or other daily deal coupon for my services? -- 10. Is it okay to purchase Google AdWords to increase my business? -- 11. May I use LinkedIn for advertising? How should I list my skills? What about accepting endorsements and recommendations? -- Chapter 11: They Said What about Me? Ethically Filtering Your Response to a Negative Online Review -- Questions -- 1. An unhappy former client of mine has slammed me on Facebook and on online consumer sites like Yelp! My reputation is being trashed, and I want to defend myself. May I go online and set the record straight by telling my side of the story? -- 2. Why can't I bring a defamation lawsuit? After all, this client is trashing me by making false statements about my handling of the case. -- 3. How does anonymous online criticism impact the viability of a defamation suit? -- 4. Do anti-SLAPP statutes limit defamation suits against clients for negative online criticism? 5. Is there a best practice for dealing with negative online reviews? Legal ethics-United States Social media-Law and legislation-United States Electronic evidence-United States Internet in legal services-United States |
| title | Legal Ethics and Social Media A Practitioner's Handbook, Second Edition |
| title_auth | Legal Ethics and Social Media A Practitioner's Handbook, Second Edition |
| title_exact_search | Legal Ethics and Social Media A Practitioner's Handbook, Second Edition |
| title_full | Legal Ethics and Social Media A Practitioner's Handbook, Second Edition |
| title_fullStr | Legal Ethics and Social Media A Practitioner's Handbook, Second Edition |
| title_full_unstemmed | Legal Ethics and Social Media A Practitioner's Handbook, Second Edition |
| title_short | Legal Ethics and Social Media |
| title_sort | legal ethics and social media a practitioner s handbook second edition |
| title_sub | A Practitioner's Handbook, Second Edition |
| topic | Legal ethics-United States Social media-Law and legislation-United States Electronic evidence-United States Internet in legal services-United States |
| topic_facet | Legal ethics-United States Social media-Law and legislation-United States Electronic evidence-United States Internet in legal services-United States |
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