Brian Zemil published “Ethics and Social Media Discovery” in the Fall 2020 issue of Litigation News. The following is an excerpt:
The COVID-19 pandemic has transformed our profession into a virtual practice reliant on technology. This change affects how we engage in educational programs that enhance our legal expertise. The ABA Section of Litigation’s recently held Virtual Section Annual Conference provided a safe platform to learn from leading experts about pressing legal issues regarding trial advocacy and litigation strategy. With technology and social media driving the flow of information, the timely seminar “Trending Now More Than Ever: Social Media Ethics and Litigation” (May 5, 2020) discussed best litigation practices in the context of social media discovery.
The program began by explaining the ethical principle that all lawyers are subject to the fundamental competency requirement expressed in ABA Model Rule 1.1. “Competence” includes an obligation to understand the risks and benefits of technology and to keep abreast of changes to properly advise clients. The level of necessary knowledge corresponds to the needs of your clients.