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Brian Rowe is a professor and technologist working at Northwest Justice Project, managing the National Technology Assistance Project and teaching at the University of Washington and Seattle University. He is also the President of the Board for Washington Lawyers for the Arts. Brian teaches as an adjunct in the areas of Privacy law, Ethics, Copyright and Information Policy. Brian has worked for Creative Commons, Public Knowledge, the Washington State Access to Justice Board, Microsoft, Wizards of the Coast, and Disability Rights Washington. He is also a social media expert with a modest YouTube following and twitter @sarterus. Brian has 10 years of experience working with non-profits and social media. Brian has a background in Information technology and law. Brian holds a B.S. in Informatics and a B.A. in Political Science, both for the University of Washington and a J.D. for Seattle University. And was the winner of the 2009 WSBA IP Section Scholarship Award and a Google Public Policy Fellowship. This packet is licensed under a CC-BY License – Brian Rowe @ Northwest Justice Project These Materials build on the work of Nicole I. Hylaned of FrankFurk Kurnit Klein & Selz and Kurt M. Bulmer and are used under fair use November 20th, 2014 Suggested Articles Social Media, Ethics, and “Expertise”: What’s a Lawyer to Do? 10 Tips for Avoiding Ethical Lapses When Using Social Media Lawyers may look at what jurors post online, but only if it's available to the public Ethic Opinion WSBA Cloud Computing 2215 RPC Covered include: RPC 1.1 - Competence RPC 1.6 - Confidentiality Rules RPC 1.18 - Duties to Prospective Clients RPC 4.2 - Communication with Persons represented by Counsel RPC 4.3 - Dealing with Unrepresented Person RPC 4.4 4.4 - Respect for the Rights of Third Persons RPC 7.1, 7.2, 7.3, 7.4 - Advertising rules Useful Links HTTPS Everywhere - eff.org/https-everywhere Social Media Guidelines - New York State Bar Association -nysba.org/Sections/Commercial_Federal_Litigation/Com_Fed_PDFs/Social_Media_Ethics_Guidelines.html Other Attachment Slides Rowe Ethic Guidelines NYSBA Rowe Twitter Anti-slapp
Citation preview
Social Media Ethics for Lawyers
by Brian Rowe@Sarterus
How Many WSBA Ethics Opions mention Social Media?
0
How Many WSBA Ethics Opions mention Cloud
Computing?
1
Privacy is dead Long Live Privacy
Transactional cost
Facts on the Internet
Facebook Public Post by Public Defender Anya Citron Stern
(Fl. 2012)
“… proper attire for trial.”
Motion for mistrial - grantedLawyer fired
“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
“There can be no reasonable expectation of privacy in a
tweet sent around the world.”
-People v. Harris 2012
The $1 Million Twitter Fight
Streisand effect
WithoutMyConsent.org
eff.org/https-everywhere
Jury Selection Hypo
Jury Selection Hypo
Jury Selection Hypo
no contact or communication
Jury Selection Hypo
Follow?
Jury During Trial?
Facebook Hypo
Are Friends Bias?
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))
ESI - Electronically Store
Information
Advertising
Advertising specialist
Blogging
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)
Blogging
Suspended from practice for 60 days
Fired after 19 years in Public Defenders office
- In the Matter of Peshek (Illinois 2010)
Prospective Client Contacts You Via
Tips #1
You will not be able to access
Tips #1
Guard Clients
& Prospective
Clients Confidentiali
ty
Tips #2
Tips #3
Clients
Tips #4 Discovery ESI
Tips #5 All Public
Q & A
Image under CC BY SA opensourceway
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
@Sarterus On Twitter
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