Online Malpractice and Ethics

Recent current affairs, both national and international, have made evident the pervasive and serious impact social media has on everyday life. What makes social media so different is its dynamic nature. A post on social media appears quick and may fade quickly or circulate indefinitely. An online article can invite comments that may never disappear. What is even more dynamic is the ability to communicate with many and investigate many, whether they like it or not. Hence, an esteemed profession with such strict and serious rules of conduct leaves itself an awesome task to insure that everyone is conducting themselves properly and playing fairly. What is even more challenging is that in New Jersey there is a dearth of social media rules for lawyers.1 However, the beauty of legal training enables one to take procedure, evidence and rules and apply them to new and different factual settings. This article is intended to demonstrate what is being done in other jurisdictions and what practitioners need to do in the Garden State to bring guidance.

There are at least 239.58 million Internet users in the United States.2 There are more than 1.3 million licensed attorneys across the United States.3 Seventy- six percent of law firms now have an internet presence.4 Ninety-six percent of attorneys have a LinkedIn account.5 Thirty-three percent of lawyers have a presence on Facebook.6 Ten percent of lawyers maintain a Twitter account.7 Eight percent of lawyers maintain a legal blog.8 Despite this pervasive use of social media, the American Bar Association (ABA) Model Rules of Professional Conduct and New Jersey’s like Rules of Professional Conduct (RPC) are silent on the ethical implications of improper social media use. This article will examine the multitude of areas of concern for the practitioner where ethical and liability concerns are implicated relative to internet and social media use.

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