7 Ethics Tips For Lawyers' Pretrial Social Media Use

By Hilary Gerzhoy and Mark Davis (January 9, 2020, 3:26 PM EST) -- Last year, Law360 published a guest article explaining how to authenticate social media evidence in court.[1] But what constraints do the ethics rules impose before the trial starts?

Below we have highlighted tips for avoiding ethics violations when collecting and using social media evidence, researching jurors and friending judges.[2]

1. Obligation to Investigate Social Media Use

Are you obligated to review your client's social media presence? To provide competent representation to your clients per American Bar Association Model Rule 1.1, you need to investigate your client's claims and defenses. Comment 8 to ABA Rule 1.1 provides that a lawyer must "keep abreast...

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