Social Media, , and New Technology, Noisy Withdrawl etc.

Transcription

1 ETHICS Introduction Social Media, , and New Technology, Noisy Withdrawl etc. 1. Rip Van Winkle is an attorney who has his own law office. His idea of technology is an abacus, hour glass, and a fire pit for smoke signals... He has no clue of what Social Media is, let alone and a computer. Any issues for counsel? 2. Does it matter if Rip Van Winkle s law office is a modest one, and his revenues cannot support the purchase of fancy equipment like an iphone? 3. Suppose Van Winkle hires a new associate who is savy in technology. He creates a website to attract business, and the attorney s bio has a link people can click on to send s. - A consumer sends Van Winkle an about a possible claim against a company Van Winkle is currently representing. May you tell your client about the ? - Consumer ultimately sues the corporate client, can you represent the corporate client? 4. What if your website charges a fee for generic advice (or initial consultations only), but your website disclaims the attorney client relationship. Is this okay? 5. Young associate encourages Van Winkle to expand his technology. Van Winkle is a nervous nelly and wonders the following: - Can he ethically communicate with a client using a cordless phone? -1-

2 - Can he ethically communicate with a client using a cell phone? - Can he ethically communicate with the client using unencrypted ? - Can he ethically store confidential client communications in the cloud? 6. An elderly client retains Van Einkle as to the defense of a foreclosure action and possible bankruptcy filing. Elderly client has grandson print the s to and from counsel. You wonder whether such a practice waived the attorney-client privilege? 7. If the privilege is not waived by that practice, and a Chapter 7 is filed, can the Trustee waive the privilege? 8. Ma and Pa Kettle visit Van Winkle about debt problems, and discuss a possible bankruptcy filing. Ma and Pa Kettle claim they have no material assets and aver that home they own in Fox Chapel is worth less than their $100,000 mortgage. Does Van Winkle have an ethical duty to pull up google street view and look at the property? Zillow, Trulia? 9. What if Ma and Pa Kettle claim that the property is worth $300,000 and give you an appraisal... Any duty to google Ma and Pa Kettle before you file? 10. Pa Kettle advises you that he is unemployed. You do a google search and find that Pa Kettle has a LinkedIn account. Can you create a fictituous account and friend Pa Kettle and ask him about his employment status? 11. During client intake, Pa Kettle asks to meet you privately and advises you that he used to own the hope diamond, but he gave it to his mistress. He does not recall exactly when. He asks you to not tell Ma Kettle because it will hurt her -2-

3 feelings. Can you honor his wishes? 12. Pa Kettle tells you that he has a facebook account with photos, including photos of his mistress wearing the hope diamond. Attorney Van Winkle tells Pa Kettle to remove the photos... Is that okay? 13. Would removal of the photo s create problems from a spoliation perspective? 14. Would removal of the photo s create non-dischargeability issues for the client? 15. Can the attorney have any civil or criminal liability for rendering the advice? 16. What if the hope diamond was not given to the mistress, but was owned entireley by Pa Kettle. As he contemplates bankruptcy, he sells the diamond and upon advice of counsel deposits the proceeds into a joint bank account with Ma Kettle. Any issues here? 17. As you advise Ma and Pa Kettle about their bankruptcy options, Pa Kettle advises you he wants a divorce... Do you have to tell Ma Kettle? Can you still represent both Ma and Pa Kettle? 18. What if after the bankruptcy you learn that the Hope Diamond was just loaned to the mistress... and never appeared on Schedule B... What steps do you take? 19. What if they debtor refuses to amend schedule B and disclose the asset? What s a lawyer to do? 20. Do the options to the lawyer change if the client was a corporation and your client contact has superiors? 21. Can you choose to withdraw or are your required to do so? -3-

4 22. Are your duties any different depending on when you learn the information? - Learn a week before Section 341 meeting? - Learn after Section 341 Meeting? - Learn a week before deadline to object to discharge? - Learn after deadline passed, but before discharge is granted? - Learn as you are preparing for trial in Chapter 13 and liquidation alternative test is material? - Learn after Chapter 13 plan is confirmed? - Learn after the discharge order is entered? 23. Do you have a duty to advise the US Trustee? If so, what do you say? 24. Do you say anything to the bankruptcy court? 25. Criminal actions are ultimately filed against client for failure to disclose Hope Diamond. Voi Dire scheduled for proposed jurors... Can you ethically google the jurors? 26. During the criminal trial, things are not going well. Lawyer hates the judge and tweets the judge is an evil, evil witch... and is mentally ill? Okay? 27. The judge, being bored with the trial, googles the attorney s name and finds the tweets... Is the googling okay? 28. Does the judge have a duty to recuse? 29. Lawyer is worried about his pre-planned vacation and -4-

5 s the judge Will we be done tomorrow? Is this okay? 30. Judge s back yes we will be done tomorrow... Okay? 31. Amazingly, jury comes back with a defense verdict... attorney revises website and calls himself a Super Lawyer... Is this okay? 32. Lawyer also states another great victory... who wants to be next? Note, this was the first trial counsel ever prevailed... Any issues? -5-