The Ethics of Social Media Research
Presented by Carole Levitt, Esq. & 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' fifty-five 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), 8.4(c),
This program also reviews pertinent Ethics opinions in more than two dozen jurisdictions, discusses relevant caselaw, 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 lead to an ethical violation or spoliation charge?
• Configuring security/privacy settings in your own profile to avoid ethical breaches.