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Social Networking for the Family Lawyer

Social Networking for the Family Lawyer. Brian Karpf Weston, Florida Twitter: @ FlaFamilyLaw ybkglaw.com. Ronald W. Nelson Lenexa, Kansas Twitter: @ KansasDivorce kansas-divorce.com. TOP SOCIAL NETWORKING SITES * November 1, 2013 by eBizMBA.com. 1 Facebook 750,000,000

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Social Networking for the Family Lawyer

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  1. Social Networking for the Family Lawyer Brian Karpf Weston, Florida Twitter: @FlaFamilyLaw ybkglaw.com Ronald W. Nelson Lenexa, Kansas Twitter: @KansasDivorce kansas-divorce.com

  2. TOP SOCIAL NETWORKING SITES*November 1, 2013 by eBizMBA.com 1 Facebook750,000,000 2 Twitter 250,000,000 3 LinkedIn 110,000,000 4PInterest 85,500,000 5 MySpace 70,500,000 6 Google + 65,000,000 7Instagram 50,000,000 8DeviantArt 25,500,000 9LiveJournal 20,500,000 10 Tagged 19,500,000 *unique monthly users

  3. TOP SOCIAL NETWORKING SITES*November 1, 2013 by eBizMBA.com 1 Google 900,000,000 2 Facebook 700,000,000 3 Yahoo 500,000,000 4 YouTube 450,000,000 5 Wikipedia 350,000,000*unique monthly users 6 MSN 325,000,000 7Amazon 250,000,000 8Ebay 210,000,000 9Twitter 200,000,000 10 Bing 165,000,000 11 Craiglist 150,000,000

  4. Why should we care?

  5. Ethics

  6. DOs and DON’Ts • DON’T hold yourself out as something you are not

  7. DOs and DON’Ts • DON’T hold yourself out as something you are not • DO NOT reference personally identifiable or private information about clients or cases.

  8. 1.6 Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

  9. DOs and DON’Ts • DON’T hold yourself out as something you are not • DO NOT reference personally identifiable or private information about clients or cases. • DO NOT use social media (or any media) to pursue ex parte communications with the court

  10. DOs and DON’Ts • DON’T hold yourself out as something you are not • DO NOT reference personally identifiable or private information about clients or cases. • DO NOT use social media (or any media) to pursue ex parte communications with the court • DO NOT give legal advise on social media sites.

  11. The Initial Client Meeting

  12. Privacy • Ask clients about their social media accounts: • What social media do you use (expansive)? • What are your screennames/IDs? • Who has access to/knowledge of accounts/passwords? • How do you use social media? • When have you posted; how often?

  13. Discuss use of account privacy settings & limiting others’ access

  14. Advise clients to be aware of what others post online, what is available on others’ accounts – and that there’s virtually no way to stop it.

  15. Advise clients to think before posting ANYTHING

  16. Advise clients to limit or discontinue social media use

  17. Advise clients to limit or discontinue social media use – but be very careful about how you do it.

  18. Investigation

  19. 4.1 Truthfulness In Statements To Others • In the course of representing a client a lawyer shall not knowingly: • (a) make a false statement of material fact or law to a third person; or • (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

  20. Rule 4.2 Communication with Person Represented by Counsel • In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

  21. Rule 4.4 Respect for Rights of Third Persons • (a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

  22. 8.2 Maintaining The IntegrityOf The Profession • (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

  23. Discovery

  24. "Facebook helps you connect and share with the people in your life." But what if the people in your life want to use your Facebook posts against you in a civil lawsuit? Whether and to what extent online social networking information is discoverable in a civil case is the issue currently before the Court. Largent v. Reed, Penn Ct Common Pleas

  25. “While a social networking or other kind of personal website might well contain depictions of specific instances of conduct, such a website must be deemed a gestalt and not simply a conglomeration of parts. When regarded as itself, a social networking or personal website is more in the nature of a semi-permanent yet fluid autobiography presented to the world.” People v. Orlewicz, – Mich.App. – June 14, 2011

  26. Evidence

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