A day doesn’t seem to go by without another report of a lawyer whose conduct on social media has resulted in either sanctions or disciplinary proceedings. Whether it is advising a client to delete content on Facebook, or responding to a negative Yelp review by revealing confidential information, or having a staff member “friend” someone without disclosing their relationship, lawyers continue to get themselves into trouble. And no matter how many times lawyers such as I who write, lecture and warn other lawyers to be careful about their use of social media, they still ignore the advice and end up in hot water.
The most recent example is Centre County District Attorney Stacy Parks Miller, who faces a disciplinary hearing for, among other things, creating a fake Facebook page to “snoop” on criminal defendants and others. While all of the details of attorney Parks Miller’s case are not public, there is enough information available to demonstrate that she was taking a risk, and that her fate now lies with the Disciplinary Board, and ultimately with the Supreme Court of Pennsylvania.
