Ethical Considerations on Social Media EVIDENTIARY AND ETHICAL CONSIDERATIONS WHEN USING SOCIAL MEDIA TO BUILD OR DEFEND A CASE.
|
|
- Ethan Robbins
- 5 years ago
- Views:
Transcription
1 Ethical Considerations on Social Media EVIDENTIARY AND ETHICAL CONSIDERATIONS WHEN USING SOCIAL MEDIA TO BUILD OR DEFEND A CASE.
2 Florida Rules of Professional Conduct Rule Fairness to Opposing Party and Counsel Rule (in relevant part) A lawyer must not: (a) unlawfully obstruct another party's access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act;... (d) in pretrial procedure, make a frivolous discovery request or intentionally fail to comply with a legally proper discovery request by an opposing party;
3 Comment to Rule The procedure of the adversary system contemplates that the evidence in a case is to be marshaled competitively by the contending parties. Fair competition in the adversary system is secured by prohibitions against destruction or concealment of evidence, improperly influencing witnesses, obstructive tactics in discovery procedure and the like...
4 Comment to Rule (in pertinent part) Documents and other items of evidence are often essential to establish a claim or defense. Subject to evidentiary privileges, the right of an opposing party, including the government, to obtain evidence through discovery or subpoena is an important procedural right. The exercise of that right can be frustrated if relevant material is altered concealed or destroyed. Applicable law in may jurisdictions makes it an offense to destroy material for the purpose of impairing its availability in a pending proceeding or one whose commencement can be foreseen. Falsifying evidence is also generally a criminal offense. Subdivision(a) applies to evidentiary material generally, including computerized information...
5 Professional Ethics of the Florida Bar Proposed Advisory Opinion 14-1 January 23, 2015
6 1) Pre-litigation, may a lawyer advise a client to remove posts, photos, videos, and information from social media pages/accounts that are related directly to the incident for which the lawyer is retained? 2) Pre-litigation, may a lawyer advise a client to remove posts, photos, videos, and information from social media pages/accounts that are not related directly to the incident for which the lawyer is retained? 3) Pre-litigation, may a lawyer advise a client to change social media pages/accounts privacy settings to remove the pages/accounts from public view? 4) Pre-litigation, must a lawyer advise a client not to remove posts, photos, videos and information whether or not directly related to the litigation if the lawyer has advised the client to set privacy settings to not allow public access?
7 Proper Inquiry Whether information on a client s social media page is relevant to that reasonably foreseeable proceeding, rather than whether information is related directly or not related directly to the client s matter. Professional Ethics of the Florida Bar Proposed Advisory Opinion 14-1 January 23, 2015
8 PRIVACY SETTINGS A lawyer may advise a client to use the highest level of privacy setting on the client s social media pages Professional Ethics of the Florida Bar Proposed Advisory Opinion 14-1 January 23, 2015
9 REMOVAL OF INFORMATION A lawyer may advise the client pre litigation to remove information from a social media page, regardless of its relevance to a reasonable foreseeable proceeding as long as the removal does not violate any substantive law regarding preservation and or spoliation of evidence If the lawyer does so an appropriate record of the social media information or data must be preserved if the information or data is known by the lawyer or reasonably should be known by the lawyer to be relevant to the reasonably foreseeable proceeding Professional Ethics of the Florida Bar Proposed Advisory Opinion 14-1 January 23, 2015
10 Summary A lawyer may advise a client change privacy settings on the client s social media pages so that they are not publicly accessible. Provided that there is no violation of the rules or substantive law pertaining to the preservation and/ or spoliation of evidence, a lawyer also may advise that a client remove information relevant to the foreseeable proceeding from social media pages as long as an appropriate record of the social media information or data is preserved. Professional Ethics of the Florida Bar Proposed Advisory Opinion 14-1 January 23, 2015
11 Florida Rules of Professional Conduct Rule Competence COMPETENCE: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Professional Ethics of the Florida Bar Proposed Advisory Opinion 14-1 January 23, 2015: The general obligation of competence may require the inquirer to advise the client regarding removal of relevant information from the client s social media pages, including whether removal would violate any legal rules regarding preservation of evidence, regardless of the privacy settings.
12 Florida Rules of Professional Conduct Rule Diligence Rule Diligence: A lawyer shall act with reasonable diligence and promptness in representing a client Comment to Rule (In Pertinent Part): A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. A lawyer is not bound, however, to press for every advantage that might be realized for a client.... The lawyer's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.
13 Florida Rules of Professional Conduct Rule Candor Toward the Tribunal: Rule Candor Toward the Tribunal (in relevant part) (a) False Evidence; Duty to Disclose. A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;... (4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer, the lawyer s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.
14 Privacy and Social Media Nucci v. Target Corp So. 3d 40 FLW D166a (Fla. 4 th DCA 2015) Generally the photographs posted on a social networking site are neither privileged nor protected by any right of privacy regardless of any privacy settings that the user may have established. Id. at 9 Because "information that an individual shares through social networking web-sites like Facebook may be copied and disseminated by another," the expectation that such information is private, in the traditional sense of the word, is not a reasonable one. Beswick v. N.W. Med. Ctr., Inc., No CACE(03), 2011 WL (Fla. 17th Cir. Ct. Nov. 3, 2011). Id at 9.
15 Normal Discovery Principles Apply to Social Media Root v. Balfour Beatty Construction Inc d 867, (Fla. 2 nd DCA 2014) Information sought to be discovered from social media must be: 1. Relevant to the case s subject matter and 2. Admissible in court or reasonably calculated to lead to evidence that is admissible in Court Professional Ethics of the Florida Bar Proposed Advisory Opinion 14-1 January 23, 2015 citing: Root v. Balfour Beatty Construction Inc d 867, (Fla. 2 nd DCA 2014)
16 Practical Application : Preserving Social Media Evidence Preservation: Spoliation Letters Motions to Preserve Printing / Screenshots Having a Client Download a copy of his/her personal Facebook Data or Having a Client contact Facebook for a copy of their personal data Social Media Evidence: What You Can t Use Won t Help You - Practical Considerations for Using Evidence Gathered on the Internet (The Florida Bar Journal January 2014 Volume 88, No. 1
17 Practical Application : Finding Social Media Evidence Discovery Mechanisms Interrogatories: (Florida rule of Civil Procedure 1.340) Requests for Production (Florida Rule of Civil Procedure 1.350) Subpoena (Florida Rule of Civil Procedure 1.410) The Internet Archive s Wayback Machine Caution: Courts have required evidence regarding how the Wayback Machine works See St. Luke s Cataract & Laser Inst., P.A. v. Sanderson, 2006 WL (M.D. Fla. May 12, 2006) The Florida Bar Journal January 2014 Vol. 88 No. 1 pg. 8 Social Media Evidence: What You Cant Use Won t Help You Practical Considerations for using Evidence Gathered on the Internet
18 Evidentiary Considerations Authentication (F.S ) Personal Knowledge (U.S. v. Lebowitz, 676 F.3d 1000 (11th Cir. 2012)) Distinctive Characteristics (U.S. v. Benford 479 F. App x 186 (11th Cir. 2011)) Self-Authentication (Florida Statute ) Expert Testimony (Tiffany (NJ) LLC v. 954JEWELRYMAX.COM, No CIV, 2012 WL (S.D. Fla. Oct. 15, 2012) Relevance (FS ) Demonstrating Witness Bias (State v. Harden 87 So. 3d 1243 (Fla. 4 th DCA 2012) The Florida Bar Journal January 2014 Vol. 88 No. 1 pg. 8 Social Media Evidence: What You Cant Use Won t Help You Practical Considerations for using Evidence Gathered on the Internet
ALI-ABA Course of Study Current Developments in Employment Law July 24-26, 2008 Santa Fe, New Mexico
693 ALI-ABA Course of Study Current Developments in Employment Law July 24-26, 2008 Santa Fe, New Mexico Ethical Issues Associated with Preserving, Accessing, Discovering, and Using Electronically Stored
More informationETHICS IN DEPENDENCY PRACTICE FOR GUARDIAN AD LITEM ATTORNEYS AND ATTORNEYS AD LITEM. Striving for Excellence
1 ETHICS IN DEPENDENCY PRACTICE FOR GUARDIAN AD LITEM ATTORNEYS AND ATTORNEYS AD LITEM Striving for Excellence Objectives 2 Identify ethical issues in dependency practice for GAL attorneys and Attorneys
More informationNAPD Formal Ethics Opinion 16-1
NAPD Formal Ethics Opinion 16-1 Question: The Ethics Counselors of the National Association for Public Defense (NAPD) have been asked to address the following scenario: An investigator working for Defense
More information2015 NCADA FALL SEMINAR
2015 NCADA FALL SEMINAR FOR INSURANCE CLAIMS MANAGERS & DEFENSE COUNSEL GREENSBORO, NORTH CAROLINA SEPTEMBER 25, 2015 SUPPLEMENTAL DOCUMENTATION TABLE OF CONTENTS North Carolina Rules of Professional Conduct...
More informationAssociation of Women Attorneys of Lake County
Association of Women Attorneys of Lake County Seminar, January 12, 2018-10:30-11:30 a.m. Responsibilities to the Profession and Client Raymond J. McKoski Presentation Materials ABA MODEL RULE OF PROFESSIONAL
More informationWorking With The Difficult Lawyer
6805 Morrison Boulevard, Suite 200 Charlotte, NC 28211 Telephone: 704-552-1712 Working With The Difficult Lawyer Protecting Yourself and The Justice System. Charleston, SC Charlotte, NC Columbia, SC Greenville,
More informationADVOCATE MODEL RULE 3.1
ADVOCATE MODEL RULE 3.1 1 RULE 3.1 - MERITORIOUS CLAIMS AND CONTENTIONS (a) A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and
More informationDepositions of Company Witnesses The Ethical Rules You Need to Know
Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients 777 E. Wisconsin Ave, Milwaukee,WI 53202 414.271.2400 Depositions
More informationCommittee Opinion May 3, 2011 THIRD PARTIES IN CRIMINAL MATTERS
LEGAL ETHICS OPINION 1814 UNDISCLOSED RECORDING OF THIRD PARTIES IN CRIMINAL MATTERS In this hypothetical, a Criminal Defense Lawyer represents A who is charged with conspiracy to distribute controlled
More informationEthical Obligations and Responsibilities of Trial and Appellate Attorneys Lyana Hunter UNC Chapel Hill School of Government (August 2015)
Ethical Obligations and Responsibilities of Trial and Appellate Attorneys Lyana Hunter UNC Chapel Hill School of Government (August 2015) Discussion of the following rules and opinions: Rule 1.1 Competence
More informationMasters of the Courtroom SM. Ethics
Masters of the Courtroom SM Ethics The Hon. Jane Triche Milazzo, USDC - EDLA Kim E. Moore, Irwin Fritchie Urquhart & Moore LLC Wanda Anderson Davis, Leefe, Gibbs, Sullivan & Dupré, LLC Course Number: 0200131212
More informationCHIPPEWA CREE TRIBE TITLE34 ATTORNEYS AND LAYS ADVOCATE CODE.
CHIPPEWA CREE TRIBE TITLE34 ATTORNEYS AND LAYS ADVOCATE CODE. ATTORNEYSANDLAYADVOCATE Rule 1.1 Qualifications for admissions as Attorney or Lay Advocate A. Attorneys- No person may practice as an attorney
More informationSEX, and VIDEOTAPE: The Ethics of Witness Preparation. Courtney C. Shytle Patrick J. Cleary
SEX, and VIDEOTAPE: The Ethics of Witness Preparation Courtney C. Shytle Patrick J. Cleary Depositions are widely recognized as one of the most powerful and productive devices used in discovery. Since
More informationWest Virginia University Research Integrity Procedure Approved by the Faculty Senate May 9, 2011
West Virginia University Research Integrity Procedure Approved by the Faculty Senate May 9, 2011 1 I. Introduction 2 3 A. General Policy 4 5 Integrity is an obligation of all who engage in the acquisition,
More informationHonorable Todd M. Shaughnessy Erik A. Christiansen Katherine Venti
Best & Worst Discovery Practices Honorable Todd M. Shaughnessy Erik A. Christiansen Katherine Venti A. Utah Standards of Professionalism and Civility: Preamble: "A lawyer s conduct should be characterized
More informationDocument Analysis Technology Group (DATG) and Records Management Alert
February 2007 Authors: Carolyn M. Branthoover +1.412.355.5902 carolyn.branthoover@klgates.com Karen I. Marryshow +1.412.355.6379 karen.marryshow@klgates.com K&L Gates comprises approximately 1,400 lawyers
More informationLitigating in California State Court, but Not a Local? (Part 2) 1
Litigating in California State Court, but Not a Local? Plan for the Procedural Distinctions (Part 2) Unique Discovery Procedures and Issues Elizabeth M. Weldon and Matthew T. Schoonover May 29, 2013 This
More informationAvoiding Ethical Pitfalls in the Deposition Process
Avoiding Ethical Pitfalls in the Deposition Process Brant D. Kahler BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2430 Facsimile: 515-323-8530 E-mail: kahler@brownwinick.com
More informationPTAB Approaches To Accessibility Of Printed Publication
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com PTAB Approaches To Accessibility Of Printed
More informationCase 3:15-cv WHA Document 150 Filed 02/15/17 Page 1 of 7
Case :-cv-0-wha Document 0 Filed 0// Page of Henrik Mosesi, Esq. (SBN: ) Anthony Lupu, Esq. (SBN ) Pillar Law Group APLC 0 S. Rodeo Drive, Suite 0 Beverly Hills, CA 0 Tel.: 0--0000 Fax: -- Henrik@Pillar.law
More informationDeposition Do s and Don ts 1 hour
Deposition Do s and Don ts 1 hour Copyright 2016 by Comedian of Law LLC All rights reserved. Printed in the United States of America. Written permission must be secured from the publisher to use or reproduce
More informationSECTION 2 BEFORE FILING SUIT
Contents ETHICAL ISSUES IN LITIGATION... 2 HANDLING FALSE INFORMATION... 2 MR 3.3: Candor Towards the Tribunal... 3 Timing of the False Testimony Before the witness takes the stand.... 4 Under oath....
More informationIn-House Ethics: Important Questions. Dorsey & Whitney. Dorsey & Whitney LLP. All Rights Reserved.
In-House Ethics: Important Questions Ella Solomons Deloitte Kenneth L. Jorgensen David C. Singer Dorsey & Whitney Overall Responsibility A law firm... shall make reasonable efforts to ensure that all lawyers
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION. v. Case No. 6:13-cv-1839-Orl-40TBS ORDER
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MUHAMAD M. HALAOUI, Plaintiff, v. Case No. 6:13-cv-1839-Orl-40TBS RENAISSANCE HOTEL OPERATING COMPANY d/b/a RENAISSANCE ORLANDO
More informationShredded Any Good Documents Lately?
Shredded Any Good Documents Lately? Del O Roark Mike - It might be useful to consider reminding the engagement team of our documentation and retention policy. It will be helpful to make sure that we have
More informationCarbolic Smokeball. Presents
Carbolic Smokeball Presents The Present Day Show A) Do nothing. It is Charlie s life after all and the court has no business in Charlie s sex life. B) Counsel Charlie on the best interest standard that
More informationCOMMONWEALTH OF MASSACHUSETTS CRIMINAL ACTION NO ) ) ) ) ) ) ) ) ) ) ) ADDENDUM. 211 Congress Street Boston, MA Tel:
COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss. SUPERIOR COURT CRIMINAL ACTION NO. 2007-770 COMMONWEALTH of MASSACHUSETTS., v. ERICK COTTO, JR., and related cases. 1 ADDENDUM Nina Morrison (NY #3048691* Senior
More informationA Primer on 30(b)(6) Depositions
A Primer on 30(b)(6) Depositions A Defense Perspective David L. Johnson Kyle Young MILLER & MARTIN PLLC Nashville, Tennessee dljohnson@millermartin.com kyoung@millermartin.com At first blush, selecting
More informationDefense Counsel's Duties When Client Insists On Testifying Falsely
Ethics Opinion 234 Defense Counsel's Duties When Client Insists On Testifying Falsely Rule 3.3(a) prohibits the use of false testimony at trial. Rule 3.3(b) excepts from this prohibition false testimony
More informationDELAWARE STATE BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS OPINION August 14, 2003
DELAWARE STATE BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS OPINION 2003-3 August 14, 2003 THIS OPINION IS MERELY ADVISORY AND IS NOT BINDING ON THE INQUIRING ATTORNEY OR THE COURTS OR ANY OTHER TRIBUNAL
More informationEthics Informational Packet COMMUNICATION WITH ADVERSE PARTY. Courtesy of The Florida Bar Ethics Department
Ethics Informational Packet COMMUNICATION WITH ADVERSE PARTY Courtesy of The Florida Bar Ethics Department 1 TABLE OF CONTENTS Florida Ethics Opinions Pg. # (Ctrl + Click) OPINION 09-1... 3 OPINION 90-4...
More informationL.A. COUNTY BAR ASSOCIATION PROFESSIONAL RESPONSIBILITY AND ETHICS COMMITTEE
L.A. COUNTY BAR ASSOCIATION PROFESSIONAL RESPONSIBILITY AND ETHICS COMMITTEE FORMAL ETHICS OPINION NO. 497 MARCH 8, 1999 CONSULTING WITH A CLIENT DURING A DEPOSITION SUMMARY In a deposition of a client,
More informationCase 1:07-mc GBL-BRP Document 21 Filed 04/18/2008 Page 1 of 17
Case 1:07-mc-00034-GBL-BRP Document 21 Filed 04/18/2008 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION IN RE SUBPOENA DUCES TECUM TO AOL, LLC
More informationIn the Circuit Court, Sixth Judicial Circuit In and for Pasco and Pinellas Counties, Florida
In the Circuit Court, Sixth Judicial Circuit In and for Pasco and Pinellas Counties, Florida Administrative Order No. PA/PI-CIR-99-46 Standards of Professional Courtesy and Professionalism Implementation
More informationSelected Model Rules of Professional Conduct Ellen C. Yaroshefsky
Selected Model Rules of Professional Conduct Ellen C. Yaroshefsky Howard Lichtenstein Distinguished Professor of Legal Ethics and Executive Director of the Monroe H. Freedman Institute for the Study of
More informationEXHIBIT A-1 GUIDELINES OF PROFESSIONAL COURTESY AND CIVILITY FOR HAWAI I LAWYERS
EXHIBIT A-1 GUIDELINES OF PROFESSIONAL COURTESY AND CIVILITY FOR HAWAI I LAWYERS (SCRU-17-0000651) Appended by Order of August 27, 2004 The Judiciary State of Hawai i EXHIBIT A-1 GUIDELINES OF PROFESSIONAL
More informationCASE NO. 1D The petition in this matter seeks to quash a discovery order in a wrongful
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TAMMY LEE ANTICO, PERSONAL REPRESENTATIVE OF THE ESTATE OF TABITHA FRANCES GUYTON ANTICO, DECEASED, NOT FINAL UNTIL TIME EXPIRES TO FILE
More informationDISQUALIFICATION OF THE ADVOCATE/WITNESS Adopted June 18, 1988 Revised June 18, 1994, May 10, 1997 and October 20, 2012
As revised by Editing Subcommittee 2/20/2013 78 DISQUALIFICATION OF THE ADVOCATE/WITNESS Adopted June 18, 1988 Revised June 18, 1994, May 10, 1997 and October 20, 2012 Introduction and Scope This opinion
More informationDoes your state have a MANDATORY rule requiring an attorney to designate a successor/surrogate/receiver in case of death or disability
As of June, 2015 Alabama Does your state have a MANDATORY rule requiring an attorney to designate a successor/surrogate/receiver in case of death or disability Alaska Arizona Arkansas California Colorado
More informationCase 6:09-cv GAP-TBS Document 149 Filed 08/14/12 Page 1 of 9 PageID 3714
Case 6:09-cv-01002-GAP-TBS Document 149 Filed 08/14/12 Page 1 of 9 PageID 3714 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA, ex. rel. and ELIN BAKLID-KUNZ,
More informationGoing on Offense: Best Strategies to Crush Fraudulent Claims
Going on Offense: Best Strategies to Crush Fraudulent Claims L. Johnson Sarber III Marks Gray, P.A. Jacksonville How Much Fraud is There? A... study published in 2002 by Mittenberg, Patton, Canyock and
More informationDue Process and Legal Ethics in the Practice of Guardianship Law
H. Kennard Bennett Scout Guardianship Services, Inc. 120 E. Market St., Suite 1120 Indianapolis, IN 46204 t (317) 202-1909 f (317) 644-2915 www.scoutguardianship.com Due Process and Legal Ethics in the
More informationETHICS AND APPELLATE PRACTICE
ETHICS AND APPELLATE PRACTICE Presented by Paul M. Rashkind Supervisory Assistant Federal Public Defender Chief, Appellate Division, Southern District of Florida I. Ethics of Initiating a Criminal Appeal
More informationComplaint Narrative. Background
1 Complaint Narrative Background The Disciplinary Administrator s office has full knowledge of abortion clinic investigations conducted by former Attorney General and Johnson County District Attorney Phill
More informationCase 1:14-cv RMB-JS Document 38 Filed 06/28/16 Page 1 of 17 PageID: 241
Case 1:14-cv-08115-RMB-JS Document 38 Filed 06/28/16 Page 1 of 17 PageID: 241 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE GLENN M. WILLIAMS : Civil No. 14-8115 (RMB/JS)
More informationO.C.G.A. TITLE 23 Chapter 3 Article 6. GEORGIA CODE Copyright 2015 by The State of Georgia All rights reserved.
O.C.G.A. TITLE 23 Chapter 3 Article 6 GEORGIA CODE Copyright 2015 by The State of Georgia All rights reserved. *** Current Through the 2015 Regular Session *** TITLE 23. EQUITY CHAPTER 3. EQUITABLE REMEDIES
More informationEmergency Ethics 101 A Model Rules Analysis. Cara E. Greene, Esq. March In conjunction with the panel: The Ethics of the Disruptive Client
, Esq. March 2017 In conjunction with the panel: The Ethics of the Disruptive Client Cara E. Green, Esq. Jeffrey Patton, Esq. Sonya Richburg, Esq. Brenda Wills-Sutton, Esq. American Bar Association, Ethics
More informationThe Social Media Goldmine: Maximizing Investigation Results
CLM 2016 National Construction Claims Conference September 28-30, 2016 San Diego, CA The Social Media Goldmine: Maximizing Investigation Results I. Capitalize on the Social Media Goldmine The enormous
More informationThis opinion is subject to revision before publication in the Pacific Reporter. IN THE UTAH COURT OF APPEALS. ----ooooo---- ) ) ) ) ) ) ) ) ) ) )
This opinion is subject to revision before publication in the Pacific Reporter. IN THE UTAH COURT OF APPEALS ----ooooo---- Sabrina Rahofy, v. Plaintiff and Appellant, Lynn Steadman, an individual; and
More informationJune s Notable Cases and Events in E-Discovery
JUNE 22, 2016 SIDLEY UPDATE June s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A Southern
More informationINDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT
Indiana False Claims and Whistleblower Protection Act, codified at 5-11-5.5 et seq (as amended through P.L. 109-2014) Indiana Medicaid False Claims and Whistleblower Protection Act, codified at 5-11-5.7
More informationQuestions: 1. May Lawyer file an affidavit for change of judge against Judge X in Defendant s case?
FORMAL OPINION NO -193 Candor, Independent Professional Judgment, Communication, Seeking Disqualification of Judges Facts: Lawyer practices primarily in ABC County and represents Defendant in a personal-injury
More informationAMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT
AMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT Rule 1.1: Competence Client-Lawyer Relationship Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Case No. 5D10-3188 MARK W. DARRAGH, Appellee. / Opinion
More informationREINSURANCE ASSOCIATION OF AMERICA REINSURANCE EDUCATION INSTITUTE RE CLAIMS New York, NY October 12-13, 2017
REINSURANCE ASSOCIATION OF AMERICA REINSURANCE EDUCATION INSTITUTE RE CLAIMS 2017 New York, NY October 12-13, 2017 SOCIAL MEDIA USE IN CLAIMS HANDLING Daniel I. Prywes Partner Morris, Manning & Martin,
More informationPART III Discovery CHAPTER 8. Overview of the Discovery Process KEY POINTS THE NATURE OF DISCOVERY THE EXTENT OF ALLOWABLE DISCOVERY
PART III Discovery CHAPTER 8 Overview of the Discovery Process The Florida Rules of Civil Procedure regulate civil discovery procedures in the state. Florida does not require supplementary responses to
More informationDon t Leave Without Your Ethics. Christopher A. Guetti, Flink Smith Law LLC
Don t Leave Without Your Ethics Christopher A. Guetti, Flink Smith Law LLC Self-Serving and Sham Affidavits in New York Self-Serving Affidavit Plaintiff cannot create an issue of fact defeating summary
More informationColorado Medicaid False Claims Act
Colorado Medicaid False Claims Act (C.R.S. 25.5-4-303.5 to 310) i 25.5-4-303.5. Short title This section and sections 25.5-4-304 to 25.5-4-310 shall be known and may be cited as the "Colorado Medicaid
More informationGuidelines for Professional Conduct
Conferences of Circuit Judges and County Court Judges and Trial Lawyers Section of The Florida Bar Guidelines for Professional Conduct (2008 Edition) Table of Contents FOREWORD...3 PREAMBLE...4 A. General
More informationWASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT. This chapter may be known and cited as the medicaid fraud false claims act.
Added by Chapter 241, Laws 2012. Effective date June 7, 2012. RCW 74.66.005 Short title. WASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT This chapter may be known and cited as the medicaid fraud false
More informationREGARDING: This letter concerns your dismissal of grievance # (Jeffrey Downer) and
Ms. Felice Congalton Associate Director WSBA Office of Disciplinary Counsel 1325 Fourth Ave #600 Seattle, WA 98101 April 25, 2012 Dear Ms Congalton: And to the WA STATE SUPREME COURT Representatives is
More informationThe SPOLIATION OF EVIDENCE is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant
What is it? The SPOLIATION OF EVIDENCE is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. When Spoliation has
More information[2] A lawyer's work load should be controlled so that each matter can be handled compentently.
GA Prof. Conduct Rule 1.3 Diligence (Georgia Rules of Professional Conduct (2013 Edition)) Rule 1.3 Diligence A lawyer shall act with reasonable diligence and promptness in representing a client. Reasonable
More informationTHE NEW YORK CITY BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS. FORMAL OPINION : Issuing a subpoena to a current client
THE NEW YORK CITY BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION 2017-6: Issuing a subpoena to a current client TOPIC: Conflict of interest when a party s lawyer in a civil lawsuit may
More informationThe Art and Ethics of Cross-Examination Outline
I. Cross-Examination The Art and Ethics of Cross-Examination a. What Is It? Cross-examination is the greatest legal engine ever invented for the discovery of truth. You can do anything with a bayonet except
More informationSTANDARDS OF PROFESSIONALISM
STATEMENT OF PRINCIPLES 1. Principle: A lawyer should revere the law, the judicial system and the legal profession and should, at all times in the lawyer s professional and private lives, uphold the dignity
More informationBrady and Exculpatory Evidence
V Brady and Exculpatory Evidence Stacey M. Soule State Prosecuting Attorney @OSPATX www.spa.texas.gov John R. Messinger Assistant State Prosecuting Attorney Brady Morton Act Rules of Professional Conduct
More informationSELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT
ILLINOIS SUPREME COURT COMMISSION ON PROFESSIONALISM The Buck Stops Here: Ethics and Professionalism for In-House Counsel SELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT The Rules listed below are those
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Case: 1:14-cv-00493-TSB Doc #: 41 Filed: 03/30/16 Page: 1 of 12 PAGEID #: 574 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MALIBU MEDIA, LLC, : Case No. 1:14-cv-493 : Plaintiff,
More informationStandards of Professional Courtesy and Civility for South Florida
Standards of Professional Courtesy and Civility for South Florida Preamble Attorneys are often retained to represent their clients in disputes or transactions. The practice of law is often an adversarial
More informationProfessionalism: Law Clerks MATERIALS
Professionalism: Law Clerks MATERIALS LAW CLERKS The law clerk is an assistant to the judge and has no statutorily defined duties. Rather, the clerk serves at the direction of the judge and performs a
More informationETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN
ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN for the Marquette Volunteer Legal Clinic Lawyer and Student Volunteers December 11, 2008
More informationCASE 0:12-cv JNE-FLN Document 9 Filed 08/03/12 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
CASE 0:12-cv-01448-JNE-FLN Document 9 Filed 08/03/12 Page 1 of 6 AF Holdings LLC, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA v. Civil No. 12-1448 (JNE/FLN) ORDER John Doe, Defendant.
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 JOAN MATTHEWS and MICHAEL MATTHEWS, ET AL., Petitioners, v. Case No. 5D05-2716 CITY OF MAITLAND, ET AL., Respondents.
More informationArticle Series: Discoverability of Social Media
Article Series: Discoverability of Social Media By: Elizabeth M. Lally May 29, 2014 Introduction: SOCIAL MEDIA AS A DOCUMENT In this series of articles we will discuss how to obtain social media information
More informationNYCLA COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION. No.: 743. Date Issued: May 18, 2011
NYCLA COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION No.: 743 Date Issued: May 18, 2011 TOPIC: Lawyer investigation of juror internet and social networking postings during conduct of trial. DIGEST: It
More informationWith regard to this hypothetical scenario, you have asked the following questions:
LEGAL ETHICS OPINION 1821 POTENTIAL CONFLICT OF INTEREST WHERE AN ATTORNEY IS SUING A CORPORATE BOARD WITH A MEMBER THAT IS A PARTNER OF THE ATTORNEY. You have presented a hypothetical situation in which
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION. v. Case No: 5:13-MC-004-WTH-PRL ORDER
Securities and Exchange Commission v. Rex Venture Group, LLC et al Doc. 13 SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION v. Case
More informationRULE 1.16: DECLINING OR TERMINATING REPRESENTATION
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 1.16: DECLINING OR TERMINATING REPRESENTATION (a) Except as stated in paragraph
More informationRULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL In representing a client,
More informationLitigation Unveiled Click to edit Master title style
Litigation Unveiled Click to edit Master title style Author and Presenter: Richard E. Mitchell, Esq. Equity Shareholder Chair, Higher Education Practice Group GrayRobinson, P.A. Overview of Topics I. Lawyers
More informationEthical Responsibility and Legal Liability of Lawyers for Failure to Institute or Monitor Litigation Holds
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals June 2015 Ethical Responsibility and Legal Liability of Lawyers for Failure to Institute or Monitor Litigation Holds Nathan
More informationMONTANA FALSE CLAIMS ACT (MONT. CODE ANN )
MONTANA FALSE CLAIMS ACT (MONT. CODE ANN. 17-8-401 17-8-416) 17-8-401. Short title. This part may be cited as the Montana False Claims Act. 17-8-402. Definitions. As used in this part, the following definitions
More informationCase 2:13-cv MMB Document 173 Filed 02/13/15 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Case 2:13-cv-05101-MMB Document 173 Filed 02/13/15 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TALBOT TODD SMITH CIVIL ACTION v. NO. 13-5101 UNILIFE CORPORATION,
More informationGUIDELINES FOR COUNSEL REGARDING COMPULSORY MEDICAL EXAMINATIONS CONDUCTED PURSUANT TO FLA. R. CIV. P.
GUIDELINES FOR COUNSEL REGARDING COMPULSORY MEDICAL EXAMINATIONS CONDUCTED PURSUANT TO FLA. R. CIV. P. 1.360(A)(1)(A) & IF ORDERED (B), AS WELL AS 1.360(B) AND 1.390(B) & (C) 1 [For counsel appearing before
More informationCase 0:17-cv UU Document 110 Entered on FLSD Docket 01/17/2018 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Case 0:17-cv-60426-UU Document 110 Entered on FLSD Docket 01/17/2018 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA ALEKSEJ GUBAREV, XBT HOLDING S.A., AND WEBZILLA, INC.
More informationIN THE SUPREME COURT OF FLORIDA ANSWER AND AFFIRMATIVE DEFENSES AND MOTION FOR MORE DEFINITE STATEMENT
Filing # 45970766 E-Filed 09/01/2016 12:25:05 PM IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR, Supreme Court Case No. SC16-1323 v. Complainant, The Florida Bar File No. 2014-70,056 (11G) JOSE MARIA
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendant.
Case :-cv-0-bas-jlb Document 0 Filed /0/ Page of 0 0 ROBERT STEVENS and STEVEN VANDEL, individually and on behalf of all others similarly situated, v. CORELOGIC, INC., UNITED STATES DISTRICT COURT SOUTHERN
More informationTennessee Medicaid False Claims Act
Tennessee Medicaid False Claims Act (Tenn. Code Ann. 71-5-181 to 185) i 71-5-181. Tennessee Medicaid False Claims Act -- Short title. (a) The title of this section and 71-5-182 -- 71-5-185 is and may be
More informationACTION MEMORANDUM May 3, 2002
... Reproduced from the Unclassified I Declassified Holdings of the National Archives GC-34-02 ACTION MEMORANDUM May 3, 2002 TO: FROM: RE: RECOMMENDATION: ACTION REQUESTED BY: NOVEL, IMPORTANT OR COMPLEX
More informationINTERPLAY OF DISCOVERY AND THE FREEDOM OF INFORMATION ACT
INTERPLAY OF DISCOVERY AND THE FREEDOM OF INFORMATION ACT LYNDA A. PETERS CITY PROSECUTOR KAREN M. COPPA CHIEF ASSISTANT CORPORATION COUNSEL CITY OF CHICAGO DEPARTMENT OF LAW LEGAL INFORMATION, INVESTIGATIONS,
More informationIN THE MATTER OF the Utilities Commission Act, RSBC 1996, Chapter 473. and. the British Columbia Utilities Commission Rules of Practice and Procedure
BRITISH COL UM BIA UTIL ITIES COM M ISSION ORDER N UM BER G-1-16 SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, BC V6Z 2N3 CANADA web site: http://www.bcuc.com TELEPHONE: (604) 660-4700 BC TOLL FREE:
More informationLEGAL HOLDS AND THE 7 STAGES OF GRIEF: MOVING FROM SHOCK AND DESPAIR TO ACCEPTANCE AND HOPE
LEGAL HOLDS AND THE 7 STAGES OF GRIEF: MOVING FROM SHOCK AND DESPAIR TO ACCEPTANCE AND HOPE Megan Ferraro, Hyatt Hotels & Resorts Karen Hourigan, Redgrave LLP PRESENTERS Megan Ferraro - Senior Counsel,
More informationTHE FEDERAL FALSE CLAIMS ACT 31 U.S.C
THE FEDERAL FALSE CLAIMS ACT 31 U.S.C. 3729-3733 Reflecting proposed amendments in S. 386, the Fraud Enforcement and Recovery Act of 2009, as passed by the U.S. House of Representatives on May 6, 2009
More informationMotion to Compel ( Defendant s Motion ) and Plaintiff Joseph Lee Gay s ( Plaintiff ) Motion
STATE OF NORTH CAROLINA LINCOLN COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 13 CVS 383 JOSEPH LEE GAY, Individually and On Behalf of All Persons Similarly Situated, Plaintiff, v. PEOPLES
More informationAMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY
AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion 92-369 December 7, 1992 Disposition of Deceased Sole Practitioners Client Files and Property To fulfill
More informationCase 5:17-cv EFM-TJJ Document 20 Filed 06/16/17 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Case 5:17-cv-03063-EFM-TJJ Document 20 Filed 06/16/17 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS BOBBI DARNELL, ) Petitioner, ) ) v. ) Case No. 17-cv-3063-EFM-TJJ ) JOHN MERCHANT,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Charlottesville Division
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Charlottesville Division 04/20/2018 ELIZABETH SINES et al., ) Plaintiffs, ) Civil Action No. 3:17cv00072 ) v. ) MEMORANDUM OPINION
More informationGeorgia State False Medicaid Claims Act
Georgia State False Medicaid Claims Act (Ga. Code Ann. 49-4-168 to 168.6) i 49-4-168. Definitions As used in this article, the term: (1) "Claim" includes any request or demand, whether under a contract
More informationBest Practices in Litigation Holds and Document Preservation. Presented by AABANY Litigation Committee
Best Practices in Litigation Holds and Document Preservation Presented by 2017-18 AABANY Litigation Committee Speakers Vince Chang Partner, Wollmuth Maher & Deutsch Connie Montoya Partner, Hinshaw & Culbertson
More information