Thursday, June 14, 2012

Recent Ethics Opinions -- Metadata, Lawyer Identities, Jury Research

Several interesting updates:
  • Washington State Bar Ethics Opinion on Metadata -- "Ethics rules permit a lawyer to view inadvertently disclosed metadata in an 'unscrubbed' electronic document, but not to use a program that uncovers metadata the sender has tried to remove."
  • Lawyers May Use a Different Name Socially or When Writing Novels, Ethics Opinion Says -- "Lawyers may use a different name outside their law practice, despite an ethics rule barring false or misleading communications, according to the opinion by the State Bar of Arizona." (Perhaps it’s time for your risk blogger to assume an identity with a bit more flair?)
  • Juror Research via Social Media (New York) -- "Attorneys may use social media websites for juror research as long as no communication occurs between the lawyer and the juror as a result, states a formal opinion from the New York City Bar Association’s Committee on Professional Ethics (Formal Opinion 2012-2). If an attorney unknowingly or inadvertently causes a communication with a juror, such conduct may violate the Rules of Professional Conduct."

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