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Social Media: Law, Ethics and Current Awareness: Ethics and Rules

This research guide will focus on the issues law students and lawyers face when using social media. #socialmedialaw

ABA Model Rules of Professional Conduct

ABA Rule 1.1: Competence
Maintaining Competence
Comment [8]
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

Rules Regulating the Florida Bar

Social Media Ethics Guidelines New York State

Social Media Ethics Guidelines - New York State Bar Association
 Each state has their own guidelines and some are more developed than others.  New York state has one of the more detailed guidelines for social media use by attorneys.  Social Media Ethics Guidelines of the Commercial and Federal Litigation Section of the New York Bar Association are a particular thorough review of social media ethical issues.  They were updated in June of 2015

Amendments to Rules Regulating the Florida Bar

Amendments to Rules Regulating the Florida Bar 4-1.1 and 6-10.3

States with Competency Requirements

Social Media: What Lawyers Need to Know
Social Media:  What Lawyers Need to Know
A Slideshare Presentation by 
Joshua Lenon - Clio
Kemp Edmonds- Hootsuite

States Adopting an Ethical Duty of Technology Competence

As of 2020, 40 of the 50 states have made technology competency an ethical duty. Those states are:

  • Alaska - 
  • Arizona
  • Arkansas - Addition of a comment to Rule 1.1. Competence, Approved June 26, 2014
  • California
  • Colorado - Amending comment to Rule 1.1. Competence, Approved April 6, 2016
  • Delaware
  • Florida - Amending comment to Rule 4-1.1. Competence, Effective January 1, 2017
  • Hawai'i
  • Idaho
  • Illinios
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Lousiana
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • New Hampshire
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

Source: LawSites

 

Florida Bar Opinions - Social Media

Disclaimer

The information and links provided on our Research Guides are NOT intended to provide legal advice and should NOT be treated as such. The Research Center gives no assurance or guarantee to the accuracy of the information provided.   

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