Hostile Use of ‘Friend’ Request Puts Lawyers in Ethics Trouble

While this article/case is about lawyers – it has applicability as to Schools and school administrators.  The lawyers restriction of speaking to a represented person is unique and not the same as school administrators – but the cautionary tale is worth noting by teachers, counselors and administrators as well. With new social media access – these issues and decisions become more important.

Hostile Use of ‘Friend’ Request Puts Lawyers in Ethics Trouble
Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion. John Robertelli and Gabriel Adamo allegedly caused a paralegal to “friend” the plaintiff in a personal injury case so they could access information on his Facebook page that was not available to the public. The “friend” request, made “on behalf of and at the direction of” the lawyers, “was a ruse and a subterfuge designed to gain access to non-public portions of [the] Facebook page for improper use” in defending the case, the Office of Attorney Ethics charges. The OAE says it violated Rules of Professional Conduct governing communications with represented parties, along with other strictures.

Been reading in…

Been reading interesting academic and journal articles in preparation of my business newsletter called News & Cases.  Ran across some that I really enjoyed and were topical and I wanted to share them.

The first by John G. browning is called Digging for the Digital Dirt:  Discovery and Use of Evidence from Social Media Sites.  The second is by Tom Spahn called Corporate Attorney Client Privilege in the Digital Age: War on Two Fronts?  The final one is by Michael Lackey and Joseph Minta called Lawyers and Social Media:  The Ethics of Tweeting, Facebooking and Blogging.

Please let me know what you thought about these articles.

Suggestions for E-Discovery

DRI E-Discovery

E-Discovery: The wonderful world of e-mail and texts have created a great method of communication. Unfortunately, it also leaves a large footprint. In large exposure litigation it has created a boutique business for computer experts and lawyers.

But it is a difficult problem, along with reasonable Litigation Hold obligations, for those involved in more moderate litigation than a seven figure case. Keeping this type of discovery from blossoming out in product liability, premises liability, or employment liability cases and casing defense costs and LAE to grow out of control – is a problem.

While I now have an extensive amount of nationwide caselaw, journal articles, and CLE materials – does anyone have any quality materials or suggestions? I have been asked to offer training to various clients – but trying not to go over-board on information. All comments, personal experiences, or suggestions are welcome!

The President’s Club

The President's Club

This looks like a great book for those who like the presidency. It reminds me of my JHU/SAIS days. I plan to read it next.

Has anyone read The President’s Club? There is an article about it in this week’s Time magazine – plus a video.