Dr. Seuss, Cheese and Social Media, Part III: Ethical Issues Involving Attorneys and Their Judges

http://ow.ly/72oxK

This is part 3, the final part of a series written by Wendy Akbar and published on the Quarles & Brady website E-Discovery Bytes.

This article discusses communications with a judge that appear to create an appearance of impropriety, or alternatively communications that can be seen as inflammatory statements about other counsel or judges.

The article states, "

Attorneys face ethical quagmires when corresponding with judges on social media, since their correspondences with the judge can be found to "assist" the judge in conduct that violates judicial rules:

• ABA MPC 8.4(f): Attorneys cannot knowingly assist a judge in conduct that is a violation of applicable rules of judicial conduct or other law."

The article also discusses, "Attorneys face ethical quagmires when corresponding with judges on social media, since their correspondences with the judge can be found to "assist" the judge in conduct that violates judicial rules:

• ABA MPC 8.4(f): Attorneys cannot knowingly assist a judge in conduct that is a violation of applicable rules of judicial conduct or other law.
• ABA Model Rule 8.2: Attorney cannot make false or reckless statements regarding the qualifications or integrity of a judge."

Narrative around each of these points is provided by the author. The article further states, "In sum, as noted in Parts I, II and III of this article, the potential ethical violations faced by attorneys (and judges!) as a result of improper use of social media, are many. As social media grows increasingly common and complex, the issues will only increase.

Nor are attorneys, their clients, and judges the only ones in the legal system affected.  Even jurors face sanctions over improper use of social media."