Since 2005, bar associations in a number of states have issued ethics opinions on the topic of attorneys using social media as an investigative tool. This article traces the history of these opinions and their impact on attorneys in New York. Of note is the fact that bar associations in New York have issued more opinions on this subject than those in any other state.
These opinions bring into play a number of the Rules of Professional Conduct, including New York's Rule 4.1 (Truthfulness in statements to others); Rule 4.2 (Communication with person represented by counsel); Rule 4.3 (Communicating with unrepresented persons); Rule 5.3 (Lawyer's responsibility for conduct of nonlawyers); and Rule 8.4 (Misconduct). (See 22 NYCRR 1200.0).
