The Ethics of Social Media “Friendship”
Faegre Drinker on Products Blog
Social media information that reflects a person’s physical condition, activity level, and emotional state is a particularly valuable source of discovery in product liability and personal injury cases. See, e.g., Forman v. Henkin, 30 N.Y.3d 656 (2018). Lawyers must take great care to collect that information ethically.
In the first New Jersey decision to examine the issue, the New Jersey Supreme Court’s Disciplinary Review Board (DRB) concluded that an attorney should receive an admonition for directing a subordinate to “friend” an adverse, represented party on Facebook. In re John J. Robertelli, No. DRB 19-266, No. XIV-2010-0485E (Disciplinary Review Board Apr. 30, 2020).
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
Meet the Authors
