The vast growth and use of social media as evidence creates new issues for attorneys. Attorneys must understand and avoid ethical pitfalls, while investigating and gathering information from social media websites. Specifically, attorneys need to understand that the rules of professional conduct still apply with all their communications, whether it be in person or electronic. There has been limited guidance on the specific issue due to the varying jurisdictions and administrative bodies that regulate attorneys’ conduct. An attorney must consider the type of behavior and actions may be punishable by the Rules of Professional Conduct governing their jurisdiction. When searching for information on social media, an attorney must be able to …show more content…
The issue arises when the user has set their page settings to “private,” restricting the general public from viewing or accessing the user’s content. The attorney trying to access the user’s profile must consider whether or not an attorney represents the user in the matter. If an attorney does not represent the user in the matter, the attorney is free to request the user as a friend to gain access. If an attorney represents the user, generally, the attorney cannot request the user as a friend. Under Rule 4.2 of the Model Rules of Professional Conduct, “a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.” Even if an attorney does not represent the user, lawyers should be careful in their dealings with the user. Under Rule 4.1 of the Rules of Professional Conduct, a lawyer cannot “make a false statement of material fact or law to a third person,” which can happen quite easily if the attorney is the user’s friend. A harmless communication between the attorney and an opposing unrepresented user can be considered to be …show more content…
Attorneys must inform their employees and investigators on what the Rules of Professional Conduct ethically allows for when gathering information from social media. Model Rule of Professional Conduct 5.3 states,
“[A] lawyer having direct supervisory authority over the non-lawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer. . .
Facts of the Case: “The defendant Anthony Faretta was accused of grand theft in Los Angeles, CA. Prior to the trial, the defendant requested permission to represent himself” (Gardner, 2000). Mr. Faretta stated that he had once represented himself in a criminal case and that he believed that his court order attorney could not efficiently advise him due to other priorities.
"Most individuals turn to their friends when they need to hire an attorney. The survey found only two exceptions to this. Individuals between the ages of 18 and 24 typically turned to the Internet in their search for a legal professional. Of the survey participants in this age group, almost 18 percent retained a lawyer using this method, with only 12 percent turning to a friend for a recommendation. Furthermore, individuals who made more than $150,000 a year turned to the Internet rather than a friend when searching for a lawyer," Andrew Moses, attorney and spokesperson for the firm, reports.
For this case, there was a violation of Standard 30 of Bar Rule 4-102(d) involving an attorney’s representation of a client in which the attorney has a financial/personal interest which may reasonably affect his professional judgement. The client is a close friend of the attorney and does not object to the attorney’s conduct. The client’s relationship to the attorney and lack of reaction to the attorney’s actions are not mitigating factors. Under the circumstances of this case, looking at the attorney’s violation of Standard 40 and accepting compensation for legal services from someone other than his client, the defendant was sentenced to a 90 day suspension.
The Court did not rule that a defendant could not act as their own legal counsel to present their defense. The Court merely ruled that if a defendant can not afford legal counsel to present their defense and is either unwilling or unable to represent themselves in court, the state is legally obliged to provide legal counsel if so requested by the defendant, but only if requested.
Paralegals are continuing to assume new responsibilities in legal offices and perform many of the same duties as attorneys. Through formal education, training and experience, paralegals have knowledge and expertise regarding the legal system and law procedures, which qualify them to work under the supervision of an attorney. Along with preparing legal documents, contracts and other legal materials, a paralegal can also interview witnesses, and conducting legal research. The most important task a paralegal may have is helping an attorney prepare for hearings, trials, and meetings. Although a paralegal is trained to perform the same tasks as attorneys, they are explicitly prohibited from carrying out duties considered to be within the scope of the practice of law, such as setting legal fees, giving legal advice, submitting signed documents to court, and presenting cases in court. Paralegals are an essential part of today’s legal practice; furthermore, a competent paralegal can improve a law office’s profitability and the delivery of legal services. With these new responsibilities comes a higher level of demand and respect. In turn...
Now, this brings into question if public defenders are ethically competent to represent their client in court with such a workload. The Supreme Court states that if the criminal defense attorney does not review each lawsuit they receive with sufficient time and resources dedicated to each client “then both the system and the attorney are in breach of their ethical and constitutional obligations to that defendant” (Mosher). In other words, the lawyer assigned is not allowed to handle a case if they are forced to spend more time on one over the others
It is true that this patient lost her life due to religious reasons. Doing what is ethically right is the right thing to do in this type a challenge. I know it is frustrating for the healthcare team present at that time for not saving the life of this individual. But patient has the right to for his medical condition. (Right to refuse or accept care).
The Attorney- Client Privilege is the agreement between an attorney and their client that mandates the communication between the two parties to be fully confidential and undisclosed under any circumstances (Sheila 138). There are various cases that highlight the importance and practical use of the Attorney-Client Privilege that could help one better understand what this entails. A specific situation in which the Attorne...
“The rapid growth and accessibility of social networking websites has fundamentally changed the way people manage information about their personal and professional lives” (Garner & O'Sullivan, 2010 p.113). Even when primarily used for personal or entertainment reasons, nurses need to be mindful that when using social media others (such as employers or patients) may use it to make judgments of a professional
In the following case, Luke is involved in a very perplexing conflict, or Ethical dilemma. This situation is an Ethical dilemma, and not just a regular “everyday” problem, because to Luke there might not be an obvious answer. He can also be thinking that both choices, keeping his commitments of confidentiality and telling his brother, Owen, are both correct things to do. If Luke tells his brother about the project, then he might concur with a theory known as Breach of confidentiality. “Breach of confidentiality occurs when someone gives away information that was supposed to be kept private.” (GENB4350 Online Lecture, Ethical Reasoning 1). By Luke breaching information that is supposed to be kept secret, he will betray the trust of his company
Many ethical dilemmas are philosophical in nature, an ethical issue can be described as a problem with no clear resolution. In order to solve the issue or dilemma a consensus between the parties involved must be reached. There are several reasons to come to an agreement over an ethical dilemma, it is the basis for all aspects of personal and professional dealings. Each one of us is part of a civilized society and as such it is our responsibility to be rational, honest and loyal in our dealings with others. (Alakavuklar, 2012) states that individuals make decisions for different situations in business life involving various ethical dilemmas. Each time either consciously or unconsciously individuals may follow some ethical approaches
The United States Constitution gives us the right of due process under the Fifth Amendment. The right to an attorney is something that should never be taken away. So how do attorneys help their clients? What standards are set to protect them? There are strict guidelines that attorneys must follow to avoid legal misconduct. These standards are stated by the American Bar Association in the ABA Model Rules of Professional Conduct. It is very important that attorneys decide carefully before taking on a case for many reasons. They must remember that they have to carefully consider the needs and problems of their clients and uphold their ethical responsibilities to their profession and the criminal justice system. It is when a lawyer does not balance the needs of the client with the ethical aspects of his or her profession that misconduct can occur.
Attorneys and their agents are bound by the duty of confidentiality to their clients forever. This means after the case is closed and even after client has passed away. The exce...
Social media is a fascinating and compelling form of interaction between people all over the world. It allows us to dispatch information to the public swiftly but unlike broadcasting through radio or television, there is no gatekeeper. Information that is put on the Internet never really goes away and because of its instantaneous feed to the public, it can cause irreparable damages. These damages include a rising growth of defamation cases involving online content found on social networks. Social media has become a hotspot for potentially libelous statements.
Vinson, Kathleen Elliott. "The Blurred Boundaries of Social Networking in the Legal Field: Just "Face" it." The University of Memphis Law Review 41.2 (2010): 355. ProQuest Research Library. Web. 7 May 2014.