August 9, 2011

N.Y. Ethics Opinion on Ways to “Win” Facebook Friends

The New York State Bar Association’s Committee on Professional Ethics issued an advisory opinion on an interesting question involving lawyers’ use of social media.  Opinion 873, issued June 9, 2011, answers the question:

May a lawyer offer a prize as an incentive to connect to the inquirer on social-networking sites?

Put differently, “is it ethical to try to win Facebook friends with bribes?”  Ok, so maybe “bribes” is too strong a word.  Or maybe not.  The Committee concluded that, provided that the prize being offered is not illegal, the Rules of Professional Conduct do not prohibit a lawyer from offering a prize to join his social network.  But, the opinion goes on, if the primary purpose of the offer is the retention of the lawyer, then the prize will constitute an “advertisement” and, as such, is subject to the rules governing lawyer advertising.  And, if the prize is an advertisement and is targeted to specific recipients, and pecuniary gain is a significant motive of the prize, it also will constitute a “solicitation” and will be subject to additional restrictions.

I suppose I would find this opinion more interesting if it wasn’t premised on the idea that there are lawyers who think it’s a good idea to try to win friends with prizes.   I humbly suggest that buying your friends is never an advisable strategy for any professional.

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August 8, 2011

New CA Law Authorizes 6-Mo. in Jail for Jurors Who Tweet

California judges will no longer have discretion when instructing jurors about prohibited Internet use.  According to the San Fransisco Chronicle, the state has passed legislation that requires trial judges to tell jurors that they are not permitted to use the Internet to conduct research or discuss the case while it is ongoing.  And the law has a big stick–jurors who ignore the instruction can be charged with criminal contempt and, if convicted, serve up to six months in jail.  The law, which was signed by Gov. Jerry Brown, takes effect in 2012, and passed by the state’s legislature  without a single opposing vote. 

For examples of jury instructions that address the issue of jurors’ online activities, see the Social-Media Research Repository, which is linked at the top of this page.   You also may be interested in these previous posts:

U.K. Juror Sentenced to Jail for Facebook Contact with Defendant

Social Media in the Jury Box

Potential Juror Dismissed Because of Tweet

Jury Instructions on Social Media (and Google Earth!)

 

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July 18, 2011

Law Practice Today: Time Management Tips & Technology

The July 2011 edition of Law Practice Today, the webzine of the ABA’s Law Practice Management Section, is out and includes the following technology and time-management articles:

FEATURES

Technology To Make Your Life Easier And More Secure  By Ernest Svenson.  Quick and easy ways to make your online activities more efficient, less frustrating, and more secure.

7 Great Legal Technology Law Blogs   By Natalie Huha.  Knowing what you don’t know can be half the battle. Turn to these 7 legal-technology blogs to find out what the pros know.

5 Ways to Create More Available Time  By Chuck Roberts.  Does time management seem like something from the science fiction genre? With easy-to-apply, proven techniques, effective time management can be much more like science and a lot less like fiction.

Save Time With Great Greetings and Voicemail Messages  By Dan Pinnington.  Voicemail is one of the most basic technologies and is used by just about everyone. So why don’t lawyers know how to use it effectively? Do yourself and your callers a favor by putting voicemail to use in the right way.

Redaction in a Digital World.  By Rick Borstein.  It is possible (and easier than you think) to effectively redact digital records—and avoid being the next news headline of a redaction gone wrong.

How to Capture More Time with Better Timekeeping Habits.  By Dan Pinnington.  When used properly, electronic timekeeping systems can help you turn time into money. 

How to Increase Profitability in a Shaky Economy.  By Marylou Steeden.  Even in an unfavorable economy, savvy law firms look at both the expense and revenue side of the profitability equation. By focusing on what’s really important, lawyers can demonstrate value to their clients and secure the relationships that are critical to financial success.

New Rules Are Changing the Law School Game.   By Ed Poll.  The number of law schools and the size of entering law-school classes continue to grow. Yet, the hiring outlook for newly graduated lawyers is far from positive. Can this seeming disconnect be reconciled before it’s too late?

Insourcing or Outsourcing E-Discovery?  By Dominick Jaar  (from ABA TECHSHOW 2011).    As a result of recent economic developments, corporations and law firms are seriously considering whether they should outsource E-Discovery. This article discusses building the business case and developing appropriate policies and processes to achieve a cost-effective and defensible E-Discovery response.

MEET THE WOMEN RAINMAKERS!  Mary-Christine (M.C.) Sungaila.   Interview by Susan Letterman White.  M.C. Sungaila has been named repeatedly as one of California’s Top Women Litigators and has successfully lead the appeals of cutting-edge issues affecting businesses on a state and national level.

DIGITAL EDGE, 45th Edition: How to Start a Law Practice   With Sharon Nelson and John Simek.

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July 18, 2011

New Legal Ethics Opinion re: Facebook Friending by Lawyers

The San Diego County Bar Association recently issued a legal ethics opinion addressing the question of whether lawyers may send a Facebook friend request to an adverse party.  The opinion includes a very detailed analysis of the question and concludes lawyer may not make a friend request of a represented party without disclosing the lawyer’s identity and the purpose of the friend request.  The conclusion was stated clearly:

An attorney’s ex parte communication to a represented party intended to elicit information about the subject matter of the representation is impermissible no matter what words are used in the communication and no matter how that communication is transmitted to the represented party.

The opinion also addresses Internet contact with unrepresented non-party witnesses.  Reaching the same conclusion reached by the Philadelphia Bar Professional Guidance Committee in 2009, the opinion finds that the “duty not to deceive prohibits [an attorney] from making a friend request even of unrepresented witnesses without disclosing the purpose of the request.”  This question was addressed by the New York City Bar Association with a slightly different outcome.

SDCBA Legal Ethics Opinion 2011-2  (Adopted by the San Diego County Bar Legal Ethics Committee May 24, 2011).

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July 4, 2011

N.Y. Juror Fined for Texting From Deliberations

The N.Y. Post reports that a New York juror was fined $1,000 for contempt after he sent a text message to a friend about the jury’s deliberations while the deliberations were still ongoing.  The friend–who is an assistant district attorney in the Bronx–reported the text message to the judge.   The court declared a mistrial and the juror was charged with criminal contempt.

Contempt charges have been used as a sanction when jurors disregard the court’s instructions not to use technology to communicate with others about the case while it is ongoing.  For example, a juror in the U.K. recently was sentenced to 8 months in jail as punishment for her communications with one of the parties in the case, which occurred via Facebook.

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July 4, 2011

U.K. Juror Sentenced to Jail for Facebook Contact

I posted previously about the UK juror who had been charged with criminal contempt for contacting one of the defendants in the trial she to which she was seated.  This story is of particular interest because of the manner in which the communication was made—the juror contacted the defendant via Facebook.  She also admitted that she had discussed the case with the defendant while the jury was deliberating, even revealing to her new “friend” the details of the jury’s deliberations.  She also admitted to having conducted her own online research of another defendant in the case.

On June 16, London’s High Court sentenced the juror to 8 months in jail, according to the BBC News.

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May 13, 2011

How Lawyers Can Save Money Now By Going Paperless

I do my best to add some insight to this topic in an article published in this month’s edition of Law Practice Today, the webzine of the ABA’s Law Practice Management section. How to Save Money Now By Going Paperless.

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