Don't 'Poke' The Bear: Using Social Media To Investigate

Law360, New York (May 5, 2016, 4:59 PM EDT) -- The New Jersey Supreme Court made headlines recently when it decided that the Office of Attorney Ethics ("OAE") could investigate a misconduct claim against attorneys based upon their use of Facebook as an investigative tool, despite the fact that the local district ethics committee declined to pursue the matter. The case — Robertelli v. the New Jersey Office of Attorney Ethics — highlights potential ethical dilemmas attorneys can encounter during investigations in the social media age.

Robertelli involves an ethics complaint brought against two attorneys arising from their conduct in defending a personal injury case. As part of their investigation of...

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