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Page 1: Social Media Ethics for Lawyers

Social Media Ethics for Lawyers

by Brian Rowe@Sarterus

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How Many WSBA Ethics Opions mention Social Media?

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0

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How Many WSBA Ethics Opions mention Cloud

Computing?

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1

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Privacy is dead Long Live Privacy

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Transactional cost

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Facts on the Internet

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Facebook Public Post by Public Defender Anya Citron Stern

(Fl. 2012)

“… proper attire for trial.”

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Motion for mistrial - grantedLawyer fired

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“Naughty, naughty boy”

“Why is Phil Klein (sic) smiling? There is nothing to smile about, douchebag.”

- Tweets by Sarah Peterson Herr, a research attorney with the Kansas Court of Appeals

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“There can be no reasonable expectation of privacy in a

tweet sent around the world.”

-People v. Harris 2012

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The $1 Million Twitter Fight

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Streisand effect

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WithoutMyConsent.org

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eff.org/https-everywhere

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Jury Selection Hypo

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Jury Selection Hypo

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Jury Selection Hypo

Ruth Suehle CC BY SA

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Jury Selection Hypo

no contact or communication

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Jury Selection Hypo

Follow?

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Jury During Trial?

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Facebook Hypo

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Are Friends Bias?

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Are Friends Bias?

“Merely designating someone as a friend on Facebook ‘does not show the degree or intensity of the judge’s relationship with a person.’”

- Youker v. Texas (quoting ABA Op. 462 (2013))

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ESI - Electronically Store

Information

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Advertising

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Advertising specialist

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Blogging

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Blogging

“This stupid kid is taking the rap for his drug-dealing dirtbag of an older brother because "he’s no snitch.” . . . My client is in college. Just goes to show you that higher education does not imply that you have any sense.”- Complaint, In the Matter of Peshek (Illinois)

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Blogging

Suspended from practice for 60 days

Fired after 19 years in Public Defenders office

- In the Matter of Peshek (Illinois 2010)

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Prospective Client Contacts You Via

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Tips #1

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You will not be able to access

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Tips #1

Guard Clients

& Prospective

Clients Confidentiali

ty

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Tips #2

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Tips #3

Clients

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Tips #4 Discovery ESI

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Tips #5 All Public

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Q & A

Image under CC BY SA opensourceway

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Credits

Rowe Photo By Bipolar Images Images and audio used under fair use Slide Ideas borrowed from Nicole I. Hylaned of FrankFurk Kurnit Klein & SelzHandout Ideas from Kurt M. BulmerWe all build on the shoulders of giants

I Vlog at Youtube.com/sarterus Contact me with ideas comments or suggestions

[email protected]

@Sarterus On Twitter