Legal Ethics Opinions Related to Attorneys' Use of Social Media Profiles for Investigative and Background Research
As more and more attorneys find useful background and investigative research information in the social networking profiles of opposing parties, potential witnesses, experts, etc. more and more State Bar associations are issuing Legal Ethics Opinions discussing whether or not (or under what circumstances they can) view these profiles to collect information about these types of people.
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The following is a list of the currently available legal ethics opinions and guidelines:
- The New York State Bar Social Media Ethics Guidelines of the Commercial and Federal Litigation Section (2019)
- The Professional Ethics Committee of the State Bar of Texas - Opinion 671 (March 2018)
- DC Bar Association Ethics Opinion 371 (November 2016)
- The Colorado Bar Association Ethics Committee Formal Opinion 127 (September 2015)
- The State Bar of California Standing Committee on Professional Responsibility and Conduct Proposed Formal Opinion Interim No. 11-0004 is now The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion No. 2015-193
- Florida Bar Proposed Advisory Opinion 14-1 [Affirmed as modified by the Professional Ethics Committee on June 25, 2015.]
- Pennsylvania Bar Association Formal Opinion 2014-300
- Philadelphia Bar Association Professional Guidance Committee Opinion 2014-5 (July 2014)
- Massachusetts Bar Association Committee on Professional Ethics Opinion 2014-5 (May 2014)
- American Bar Association Standing Committee on Ethics and Professional Responsibility Formal Opinion 466
- State Bar of California Proposed Formal Opinion Interim No. 11-0004
- New York County Lawyer's Association Formal Ethics Opinion 745
- Oregon State Bar Association Formal Opinion 2013-189
- New Hampshire Bar Association Ethics Committee Advisory Opinion #2012-13/05
- Kentucky Bar Association Ethics Opinion KBA E-434
- New York City Bar Association Formal Ethics Opinion 2012-02
- New York County Lawyer's Association Formal Ethics Opinion 743
- San Diego County Bar Association Ethics Opinion 2011-2
- New York City Bar Association Formal Ethics Opinion 2010-02
- New York State Bar Ethics Opinion #843
- Missouri Bar Association Informal Opinion 2009-0003
- Philadelphia Bar Association Ethics Opinion 2009-02
- Oregon State Bar Association Formal Opinion 2005-164
For a more detailed discussion of Philadelphia Bar Association Ethics Opinion 2009-02 see our article, "Social Networking Sites are Valuable Tools For Lawyers: But Beware the Ethical Pitfalls."
For a comparison of New York State Bar Association Formal Ethics Opinion 2010-02 and Philadelphia Bar Association Ethics Opinion 2009-02, see our article, "New York State and Philadelphia Bar Association Legal Ethics Opinions Address Lawyers' Use of Social Media Sites for Investigative and Background Research."