The Ethics of Social Media “Friendship” (National Law Review)
National Law Review, August 21, 2020
The Ethics of Social Media “Friendship”
New York addressed this topic in an opinion issued by The New York State Bar Association Committee on Professional Ethics Opinion #843 (Opinion #843), followed by the New York City Bar Committee on Professional Ethics Formal Opinion 2010-2 (Opinion 2010-2)….Opinion 2010-2 carried the question a step further, inquiring whether a lawyer, directly or through an agent, may contact unrepresented parties through a social networking website and request permission to access their private profile to obtain information to be used in litigation. Noting New York courts’ approval of an ‘informal discovery’ policy, the Opinion determined that attorneys or their agents may send friend requests to unrepresented parties’ if they use their real names.
