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Ethical Considerations in Utilizing Social Media

Learn how to avoid the ethical pitfalls of using social media.

The use of social media raises a myriad of ethical issues for attorneys. These issues affect internal investigations, the discovery process, litigation strategy, and trial preparation. The use of social media also affects how attorneys advise their individual or corporate clients about the client's use of social media. Indeed, whether you are in-house counsel, outside counsel, a solo practitioner, or otherwise work in the legal profession, there are obvious and some not so obvious ethical issues that you must understand. This material considers the ethical minefields associated with social media use in the context of: (1) effectively using social media to craft robust but ethical investigations, discovery, and trial strategies; (2) an attorney's ethical obligations in advising an individual or corporate client about its use of social media to promote their businesses, products, and/or services; and (3) an attorney's ethical obligations in marketing, promoting, and advertising the attorney's legal services.

89 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Attorney Ethics Governing Fact Investigations and the Discovery Process

  • The Ethical Necessity to Investigate Publicly Available Information on Social Media
  • The Ethical Limitations on Contact With an Adverse Party in the Private Social Media Context
  • Ethical Guidelines Regarding the Social Media Presence of Witnesses, Jurors, and Judges

Attorney's Ethical Obligations Related to a Corporate or an Individual Client's Social Media Activity

  • Counseling Company Employees and Screening Potentially Sensitive Posts to Avoid Potential Waiver of Privileged Communications or Statements That May Undermine a Client's Position
  • Where Is the Line?: "Taking Down" Improper Statements vs. the Duty to Preserve Potential Discovery Material
  • A Lawyer's Duty to Refrain From Participating in the Dissemination of False or Misleading Information

Attorney's Ethical Obligations Related to Her Own Social Media Activities

  • Is My Personal LinkedIn® Page "Ethical"? Do the Same Rules Apply to In-House Counsel?
  • Do My Personal Statements and Political Views Online Create Ethical Issues?
  • Do the Statements or Views Expressed by Outside Counsel on Their (Firm or Personal) Social Media Sites Create a Potential Conflict of Interest for the Corporate or Individual Client?
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on August 23, 2018.

Call 1-866-352-9540 for further credit information.

No Credit Available

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Rebecca M. Lamberth

Rebecca M. Lamberth

Duane Morris LLP

  • Partner with Duane Morris LLP with over 30 years of litigation experience
  • Co-chair of the firm’s Commercial, Securities and Antitrust Litigation Practice Division
  • Practices in the areas of securities litigation, complex commercial litigation and the representation of lawyers and law firms
  • Represents public and private companies, including REITs, with extensive experience in complex business and securities litigation, securities disclosure and corporate governance
  • Advises public company clients on securities disclosure, corporate governance and D&O insurance issues and represents corporate clients before the SEC
  • Represents and counsels lawyers and law firms in litigation and concerning professional conduct issues
  • Written and spoken on topics related to her areas of expertise
  • Atlanta Magazine named her a Georgia Super Lawyer (2006-2013)
  • Listed in the Super Lawyers Corporate Counsel Edition
  • Achieved the highest rating with the Martindale-Hubbell Law Directory
  • J.D. degree, University of Virginia School of Law; B.A. degree, summa cum laude, Vanderbilt University
  • Can be contacted at 404-253-6900 or [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401547
Published 2018
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