Ethics and Misuse of Social Media in Court

Thursday, December 19, 12:30 pm - 1:30 pm Pacific via ZOOM

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Earn 1.0 hour of Legal Ethics CLE Credit or Legal Malpractice Law LSCLE credit.

Meet the Speakers

Claude E. Ducloux

Attorney at Law, Director of Education, Ethics and State Compliance

LawPay

Rachael C. Kogen

Partner

Fraser, Watson & Croutch, LLP

(Moderator)

About the Program

Social Media is everywhere, and it’s fun and entertaining, but some professions need to be extra careful in using it, and lawyers, that means YOU! In this presentation, we’ll review how lawyers have used it, and got caught by the inappropriate use of social media apps. These misuses have led to malpractice claims, sanctions, and profession disciplinary actions ranging from reprimand through complete disbarment.

Not only is your use critical, but you will hear how inappropriate advice to our clients to modify or erase social media posts has led to huge sanctions for spoliation, and even dismissal of claims. And the wrong advice can also compromise your attorney-client privilege.

We’ll be looking at inappropriate texting, photographing, posting, and such concerns as “false friending,” as well as the rising “duty to google” in some cases. The course finishes with a review of various state opinions, and best practices in all these areas, and includes the recommended use of Social Media Addendums to attorney fee agreements to warn clients of the hazards that using social media plays in litigation.

This program is presented by the Litigation Section chaired by Rachael C. Kogen and vice chaired by Lauri K. Martin. Find out more about the section at BHBA.org.

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