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Mark A. Berman Mark A. Berman

The Commercial and Federal Litigation Section of the New York State Bar Association recently released its fourth update to its Social Media Ethics Guidelines (the Guidelines). As use of social media by lawyers and clients continues to grow and as social media networks proliferate and become more sophisticated, the Guidelines, predicated upon the New York Rules of Professional Conduct (NYRPC) and ethics opinions interpreting those rules, are the leading source in the United States for guiding principles in addressing social media issues. Illustrative ethics opinions from other jurisdictions are also referenced where, for example, a New York ethics opinion has not addressed a situation or where another jurisdiction’s ethics opinion differs from the interpretation of the NYRPC.

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