CLE CREDITS: 1.0 ethics
This is a “simulive” rebroadcast of a previously recorded presentation on August 4. The presenters will be available during the rebroadcast to answer questions.
Presented by Carole Levitt, JD MLS & Mark Rosch.
Learn how to avoid potential ethical traps when you research social media profiles for investigative/background purposes and to use as evidence. The seminar is partially based on the speakers’ 55-page social media chapter from their book, “The Cybersleuth’s Guide to the Internet.”
This program specifically addresses how MPRC Rules apply to social media research: Rule 1.1 (and the new comment 8), as well as MPRC Rules 3.3, 3.4(a), 3.5, 4.1, 4.1(a), 4.2, 5.3(b)(1), and 8.4(c).
This program also reviews pertinent ethics opinions in more than two dozen jurisdictions, discusses relevant case law, and reviews detailed guidelines for social media research issued by the New York State Bar’s Commercial and Federal Litigation Section.
The speakers will review:
- Social media research ethical guidelines
- State bar, local bar, and ABA ethics opinions
- Cases decided in various states
- How they all tie into the ABA Model Rules of Professional Conduct
The program will also explore:
- Who’s your friend? Could “friending” violate the deception or ex parte
communication ethical rules?
- Whether it is ethical to research the social media profiles of parties and
witnesses during discovery or trial
- Whether it is ethical to research the social media profiles of potential jurors before trial or seated jurors before and during trial
- If advising clients to delete, deactivate, or adjust privacy settings on their
social networking accounts could lead to an ethical violation or spoliation charge
- Configuring security/privacy settings in your own profile to avoid ethical breaches
MSBA Members: $65
CLE Club Members: $51
Supported Operating Systems*:
• Windows 7 or higher
• Mac OS 10.8 or higher
*Windows XP is not supported
• Internet Explorer 8 or higher
• Google Chrome
• Mozilla Firefox
• Safari (for Mac)
• Windows Edge
Internet: A Cable or DSL internet connection recommended. Minimum 512Kbps for participants, meeting attendees, and end users of Adobe Connect applications.
Note: Some users might be prompted to download and install the Adobe Connect Add-In software.
If you will be accessing any of the online content at a work location, it is HIGHLY recommended that you first check with your IT department or Network Administrator to make sure that you have appropriate permissions to install programs and/or the ability to access streaming media.
For registration or connection questions, call Mark Rosch: