Individual Viewer

Ethical Dangers of Lawyers Using Technology & Social Media

Length: 1 hour 49 minutes

Lawyers are more dependent on electronic communication and social media than ever before. They use it to advertise in order to attract business.  They use it to communicate with colleagues, adversaries, clients, courts and the public. It is also used to investigate adversaries, witnesses, jurors and anyone or any event related to a case.  Unfortunately, it is also used for personal purposes in inappropriate ways and at inappropriate times. When used carefully it is an effective tool to grow a firm’s business, efficiently manage lawyers’ communications and facilitate inexpensive and easily accessible investigations.  When used carelessly it could result in an ethical violation embroiling a law firm in a sanction proceeding, civil lawsuit or even a disciplinary investigation.  This program will present an overview of the most common forms of electronic communications used by lawyers and the pitfalls to be avoided. Hypotheticals will highlight real life problems and practical solutions.      

Program Chair: Richard M. Maltz, Richard M. Maltz, PLLC & Frankfurt, Kurnit, Klein & Selz, PC



9:30 - 9:35 am  Introduction

9:35-9:50 am  New Advertising Techniques & Using the Cloud in the Office   

9:50-10:05 am  The Disciplinary Ramifications for Improperly Using New Technology

10:05 -10:20 am  Navigating Confidentiality Issues in the Electronic Age

10:20– 10:30 am  Electronic Investigations  & the Limits of Socializing with Twitter,
                             Facebook & its Electronic Brethren 

10:30-10:40 am  Break  

10:40-11:25 am  Hypotheticals:    
•    The Ethical Parameters of New Electronic Investigation Tools
•    The Ethical Dangers of Communicating with Potential Clients through Social Media
•    Electronic Communications by Judges, Lawyers & Litigants
11:25 – 11:30 am  Question & Answer Session

CLE credit: NY: 2.0 ethics. NJ: 2.1 ethics. CA & PA: 1.5 ethics.

Original Recording Date: 1/14/2014

Produced By:

New York City Bar Association

Course Materials

  • *Ethical Dangers of Lawyers Using Technology & Social Media
  • Affirmation Document