Law Offices of Tim Powers, Denton Texas
We are at a time in our lives where our dependence relies on social media.
A few weeks ago we talked about the importance of knowing how we are protected
online. Now it is safe to say that social media is now officially an ethical
and smart tool used for lawyers.
As of two weeks ago, the American Bar Association’s Committee of
Ethics and Professional Responsibility claimed it to be ethical for lawyers
to use jurors’ or potential jurors’ online footprints; such
as all social media accounts including blogs, LinkedIn, Facebook and Twitter.
This is only considered ethical and acceptable only if the juror has made
their postings publicly available.
A lawyer may not communicate with the juror or request access to the jurors’
information. If an attorney crosses these lines, then it is considered
unethical and possibly illegal.
A current issue with this new claim is whether lawyers can use social media
that notify the user when their profile is being viewed. This can cause
a jurors’ decision to be swayed based on an observation of who is
viewing their profile. The ABA; however, does not believe these claims
to be accurate. According to Forbes article, the ABA claims that they
“consider these concerns and finds them unpersuasive.” The
lawyer themselves is not the one actually communicating with the people,
it is the service itself that is.
Anything can be considered an ethical question. Lawyers can’t go
out of their way to avoid people because they are afraid of unethically
changing a jurors’ decision.
According to Forbes, the best way to avoid unethical decisions is to stay on top of “ethical
guidance and technology”.
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County criminal case or arrest
in Denton County, contact the offices of Tim Powers today. There is no
charge or obligation for the initial consultation. 940.580.2899
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult
an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success
Providing Quality Representation for your Denton, Lewisville, Flower Mound,
Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton
County, Tarrant County, Collin County, or Dallas County criminal case