The Third District Florida court of appeals got some press this summer when it affirmed an order refusing to disqualify a judge who was Facebook friends with one of the lawyers in a case before her. The court wrote that “a ‘friend’ on a social networking website is not necessarily a friend in the traditional
Just last month, we wrote about a North Carolina draft proposal that would ease the way via its ethics rules for Avvo and other on-line legal services to operate there. Now, after a joint opinion from three New Jersey Supreme Court committees, the Garden State has turned thumbs down on such law platforms, citing issues …
This is a good one for the law school legal ethics class I’m teaching this semester: If a company’s lawyer approves a policy that may be legal in itself, but the lawyer knows that the company will use it to evade the law, has the lawyer violated ethics rules?
An analogous question arose last week…
Law firm cybersecurity is in the news again with two developments. First, the latest ABA TechReport says that large law firms were more likely to be victims of a data security breach last year than mid-size or small firms, with one in seven respondents having been hit overall. That’s a big deal. Next, a federal class action complaint in what is thought to be the first suit attempting to base liability solely on a U.S. law firm’s allegedly inadequate cybersecurity was unsealed on December 9. But that suit possibly turns out not to be such a big deal.
Continue Reading Data breach report says BigLaw is most likely to be hit, and cybersecurity complaint is unsealed
If you “like” a political Facebook post, or tweet a comment on a controversial legal topic, are you potentially creating an ethical conflict of interest with your clients who may have contrary interests? The District of Columbia bar ethics committee thinks so, and warns about the risk in its Opinion 370, issued late last month.
Continue Reading Expressing your opinion via social media can create conflict, D.C. ethics opinion warns
Alaska may have only about 2,500 active resident lawyers, but its bar ethics committee has become just the second authority in the country to weigh in on the practice of “bugging” the e-mail of opposing counsel. The committee disapproved of this spy method in an opinion issued in late October, saying that it violated the Last Frontier’s version of Model Rule 8.4, which prohibits dishonesty and misrepresentation.
Continue Reading You can’t spy on opposing counsel by “bugging” their e-mail, ethics opinion says
LinkedIn last week announced a “rethinking” of its endorsement feature, first launched in 2012. Starting with its mobile app, the service says it has “improved targeting” so people looking at your profile will see the endorsements for you that are most relevant to them. Coming on the heels of this development, a new Ohio ethics opinion reminds us that we should be monitoring endorsements and other kinds of testimonials to ensure they are within ethical bounds.
Continue Reading LinkedIn “endorsement” upgrade shows need to monitor what others say about you online
Avvo has a First Amendment right to use a lawyer’s publically-available information to generate advertising revenue for itself, the district court for the Northern District of Illinois held on September 12. The ruling means that Avvo can park ads for your competitors on the profile it creates for you — unless you pay Avvo to keep them off.
Continue Reading First Amendment protects Avvo advertising shakedown, district court holds