Attorney Ethics in Social Media—Blogs, Facebook, Twitter, YouTube and More CLE

Attorney Ethics in Social Media—Blogs, Facebook, Twitter, YouTube and More

November 2011

Attorney Ethics in Social Media-Blogs, Facebook, Twitter, YouTube and More

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Teleseminars are midday continuing legal education conferences broadcast over the telephone. From the convenience of your office or home, you are able to dial into an 800 number, and hear nationally recognized practice leaders speak on important issues in the law. You are also able to ask them your

LINK: http://www.cobar.org/cle/item.cfm?eventid=TS111712L

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Description & Bullets:

Social media - LinkedIn, Blogs, Facebook, YouTube, Twitter and more - has permeated the ways attorneys gather and share information, communicate with each other and clients, and portray themselves to the public. All of this opens up substantial new questions about how attorney ethics rule apply in this new and untested area. Are attorney or law firm profiles on LinkedIn subject to attorney advertising rules? Can an attorney investigate and gather information about a witness, party, juror or even the judge through Facebook? How do the ethics rules apply when attorneys blog about themselves or their area of law? These any many more questions will be addressed in this discussion of how attorney ethics rules apply in the age of social media.

-Advertising & solicitation - What can you do and say on LinkedIn, Facebook and blogs? What's impermissible puffing? What's advertising?

-Investigations - can you use social media to learn about parties, witnesses, jurors, the judge?

-Employment issues - can you gather information about job applicants or problem employees?

-Confidentiality and the privilege - how can you protect your client from waiving the privilege?

-Tips for avoiding liability in the ethical minefield of social media

Faculty:

Michael E. Lackey is a partner in the Washington, D.C. office of Mayer Brown, LLP, where he has an extensive litigation practice representing companies and individuals in federal court and has developed a specialty in advising clients on a wide range of e-discovery issues. He is an advisory board member of the Georgetown University Law Center Advanced E-Discovery Institute and serves as an Adjunct Professor of Law at George Washington University Law School. Before entering private practice, he served as a judicial clerk to Judge Jacques L. Wiener, Jr. of the U.S. Court of Appeals for the Fifth Circuit. Mr. Lackey received his B.S. from the Massachusetts Institute of Technology and his J.D. from the George Washington University Law School.

Gregg M. Lemley is a partner in the St. Louis office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., where he has an extensive labor and employment law and related commercial litigation practice. He represents employers in a wide range of litigation matters in both state and federal court in disputes involving discrimination based on race, sex, age, religion, disability, national origin and the FMLA, sexual and racial harassment, and retaliation. Mr. Lemley also has a substantial practice assisting employers in the development, implementation and application of harassment, drug testing, family medical leave and a wide range of other personnel policies. Mr. Lemley received his B.A. from Webster University and his J.D. from Washington University School of Law.