Recent Developments in the Law of Professional Responsibility: Lawyers and out-of-court Misconduct David Gottlieb
|
|
- Coleen Murphy
- 6 years ago
- Views:
Transcription
1 Recent Developments in the Law of Professional Responsibility: Lawyers and out-of-court Misconduct David Gottlieb May 29-30, 2014 University of Kansas School of Law
2 Developments in the Law Professional Responsibility The Lawyer and Social Media Presented by David J. Gottlieb, Emeritus Professor University of Kansas School of Law May 30, 2014 The advent of social networking platforms such as Facebook, Twitter and Linked In has fundamentally changed at least some of the ways in which people communicate. These means of communication are, at least for the present, ubiquitous. Facebook has a billion users. Americans log 10.5 billion minutes on facebook every day. Twitter now carries upwards of 400 million followers. As of 2009, 70% of lawyers used some form of social media. 1 75% of law firms employ social networking platforms. A different survey reported that 85% of lawyers were reported to have a linked-in presence. 22% of lawyers reported that their firm maintains a blog. Lawyer Advertising and Social Media Because these means of communication are now vitally important means by which lawyers interact with the public, facebook and social media have become tools for lawyer advertising. Their use should not necessarily be fraught with problems if lawyers understand these media as tools for advertising in which normal professional responsibility and advertising rules apply. However, aspects of these new media have presented problems for lawyers and regulatory authorities. Thus, for facebook, some of the problems have occurred in sites where lawyers personal sites include hundreds of friends, some of whom the lawyer does not know. In that setting statements about lawyer practice may be construed as advertising. 2 If so, lawyer speech is subject to the same limitations concerning accuracy, limits on testimonials, and comments on expected results as more traditional forms of advertising. During the presentation, I will discuss a recent California ethics opinion that gave examples of forms of communication that violated California ethics and advertising limits. In order to avoid false advertising, lawyers must be wary not only of their own posts, but of the posts of friends as well. For business sites, lawyers are responsible for monitoring the content of posts. Thus if an individual posts false, misleading or otherwise inappropriate comment, the lawyer or firm has a responsibility to ask the individual to remove the comment. 3 Lawyer use of LinkedIn has presented a different problem with respect to advertising rules. Model and Kansas Rules 7.4 limit the ability of attorneys to claim that they are specialists in areas of legal practice. LinkedIn profiles have invited firms to craft profiles where firms list themselves as specialists, and individual profiles not only may have such designation, but individuals may be nominated for different categories by colleagues. A series of Ethics opinions have declared that lawyers must avoid listing themselves as specialists unless they have satisfied the requirements of Rule 1 Lackey and Minta, Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging, 28 Touro L. Rev. 149, 153 (2012) 2 State Bar of California, Standing Committee on Professional Responsibility and Conduct, Formal Opinion (attached). 3 New York State Bar Association, Commercial and Federal Litigation Section, Social Media Ethics Guidelines (March 18, 2014) at 4. 1
3 7.4. LinkedIn profiles concerning skills and expertise should not be considered to be the equivalent of a specialty, although Florida has reached a contrary conclusion. The use of Twitter as an advertising platform presents a particular problem. States typically require disclaimers and announcements of content that may take a reasonable number of words to convey. Twitter is limited to messages of 140 characters. It may be impossible to convey the correct disclosure information within the 140 character limit, 4 although some commentators have suggested that the use of standard abbreviations in twitter may make such disclosure possible. Ethics bodies and writers have also issued repeated warnings to attorneys to insure that responses made in blogs or social media sites to general legal questions not be taken to be solicitations and that attorneys make certain that general communication about legal matters or issues not be construed as creating an attorney-client relationship. 5 The New York Social Media ethics guidelines caution lawyers in instant messaging, chat room or other live communication settings not to engage in conduct that could be considered as soliciting business. The rules state that if a lawyer does receive a request for help during a social media conversation, it may be legitimate to respond, but that the lawyer must do so by non-public means. Lawyers and their friends Review of Evidence on Social Media Social media are relevant to a lawyer s work in ways other than advertising. Opposing parties may have evidence on social media platforms that are relevant to litigation and that would be useful if obtained by the lawyer. Some of this social media information may be generally available to anyone who is a member of the network. Accessing such information for the most part may be no different than accessing public information generally. There is, however, one caveat that enterprising attorneys need to be aware of. Some of these informational sites may automatically notify the individual whose material is being viewed of the login. The information may allow the person whose site is viewed the entire profile of the visiting lawyer. Such automatic messages have been sufficient to be considered an ethical violation when done by a lawyer attempting to visit a prospective juror s site. In any event, the lawyer must be aware of the possibility that information about herself or her agent is being communicated. Beyond that issue, facebook and other social media sites may include publicly available material and material that is private in the sense that it is restricted to friends. To the extent that the site contains impeaching formation that may be valuable for the lawyer to see, there is a temptation for the lawyer to attempt to become the friend of the owner of the site. Ethics opinions have attempted to resolve the circumstances under which a lawyer, agent or client may attempt to friend a prospective adversary or witness to obtain information from that individual s social media site. The answer may depend on whether the individual is believed to be represented by counsel in the matter about which information is being sought. For the unrepresented information, the principal guidance is provided by Rule 4.1, which prohibits a lawyer from making a false statement of material fact to a third person. At the very least, that means that the lawyer attempting to obtain access by friending another individual is required to 4 Lackey and Minta, supra note 1, at See, Patrick, With Friends Like These, California Bar Journal, April
4 use his or her name and not attempt to mask her identity. If asked more information, the lawyer should provide the information requested or withdraw the request. 6 Some states have been more demanding, and have required the attorney or agent to inform the friended individual of the lawyer s involvement in the litigated matter, or to provide the lawyer s affiliation or reason for the request. 7 Different considerations apply when the individual is represented by counsel. In that case, an attempt to contact the individual on the matter in question, without going through the individual s lawyer, is barred by Rule 4.2. The rule does not prohibit contact by the party himself, but the lawyer would need to insure that such contact was made honestly and consistently with the state s position on non-lawyer contact with represented individuals. The Judge as friend There has been significant controversy concerning judges and lawyers who appear before them becoming facebook friends. Outside of social media, it is inevitable that lawyers and judges will meet and even form friendships. Such friendships, of course, may need to be disclosed in particular cases. The question of whether similar disclosure obligations exists for facebook friends has created some uncertainty, perhaps because the universe of facebook friends can be so large, and the actual friendship can seem tenuous at best. Nevertheless, while some (but not all) ethics authorities have concluded that judges and attorneys can participate in social networks, the same authorities have cautioned that judges must comply with the Code of Judicial Conduct and avoid any conduct that would undermine the judge s integrity or impartiality, or create an appearance of impropriety. 8 The ABA ethics opinion on the subject cautions judges that they may not assume that material communicated on social networking sites will remain private, and that judges should refrain from any comments which, if disseminated, would have the potential to compromise judicial integrity or the appearance of integrity. Obviously, judges should refrain from any case-related comments that could be interpreted as ex parte communication. Even more broadly, judges should avoid any behavior that suggests that a particular lawyer is in a position to have undue influence on the judge s decision. Social Media Sites and Posts as Evidence It may be easier to hit a delete key than to shred a document, but it is important for attorneys to recognize that document retention rules that apply to physical documents may also apply to posts in electronic media. Kansas Rule 3.4 prohibits a lawyer from unlawfully altering destroying or concealing a document or other material having evidentiary value or counseling or assisting another person to do so. In litigation, a lawyer may have a duty under common law or civil rules to ensure that potentially relevant evidence is not destroyed once a party reasonably anticipates litigation. If a duty to preserve evidence exists, a party or nonparty may not delete information from a social media profile that is subject to the duty to preserve. 9 Where no duty to preserve evidence exists, for example, when litigation is not pending or reasonably anticipated, a lawyer may more freely advise a client on what to maintain or remove from a social media website. 6 New York State Bar, Social Media Ethics, supra, at 8. 7 Id. at 9, citing San Diego County Barr Ass n Legal Ethics Commission, Op (2011); Philadelphia Bar Ass n Prof. Guidance Comm. Op Bar (2009). 8 ABA, Formal Opinion 462, Judge s Use of Electronic Social Networking Media (Feb. 21, 2013). 9 New York State Bar, Social Media Ethics, supra, at 11. 3
5 Facebook as a semi-public forum Most of all, lawyers need to be aware that posts on social media, even personal social media sites, are rarely, if ever truly private. Statements made in a facebook post cannot be assumed to be confidential, even if the facebook site is a personal site. Compromising photos that would damage a lawyer s reputation should not find their way to facebook, any more than they should find their way to a newspaper. Derogatory statements about judges or opposing counsel should not be posted on a social networking site, since they may be disseminated more broadly. For example, lawyers must take care not to post comments that reveal confidential information. An Illinois public defender found herself discharged from work because of blogging posts that disclosed client information. 10 Information responding to negative reviews must still respect client confidentiality. The posting confidential information led to disciple in In re Skinner, 740 S.E.2d 171 (Ga. 2013), where the Georgia Supreme Court rejected a petition for reprimand (and imposed more serious discipline) where a lawyer admitted to disclosing damaging confidential information concerning a client online in response to an unfavorable review of the lawyer. 11 Lawyers have rights to self-defense in cases where actions are likely to be brought against the lawyer, but this right does not permit a lawyer to simply abandon the lawyer s obligation to maintain confidentiality every time a client complains on-line. More broadly, lawyers have obligation to be truthful and behave professionally in ways that do not constrain members of the general public. Lawyers are obliged under Rule 8.2 not to make a statement that the lawyer knows to be false or with reckless disregard as to it truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office. More generally, it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation, engage in conduct that is prejudicial to the administration of justice and engage in any other conduct that adversely reflects on the lawyer s fitness to practice law. Rule 8.4. Posts disparaging judges that for non-lawyers could be defended as letting off steam have been the basis for professional discipline when engaged in by lawyers. 12 Posts showing guys gone wild have come back to haunt litigators before judges or when seeking other employment. For better or worse, there are some parts of our professional lives we must attempt to protect even when we are off the clock. Lawyers who use facebook and who wish to avoid professional embarrassment must take care about the information and photos posted on social media sites. Attachments The State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No American Bar Association, Formal Opinion 462, Judge s Use of Electronic Social Media, February 21, 2013 Commercial and Federal Litigation Section, New York State Bar Association, Social Media Ethics Guidelines, March 18, Lackey and Minty, supra, at See generally Harvey, McCoy and Sneath, 10 Tips for Avoiding Ethical Lapses When Using Social Media, Business Law Today (January 2014). 12 Id. at
6
7
8
9
10
11
12
13
14
15
Presented by Michael Kaiser, JD.
Presented by Michael Kaiser, JD. Tuesday, December 20, 2011 Westin Hotel, Seattle, Washington. Presented as the ethics portion of the National Business Institute s Continuing Legal Education (CLE) seminar
More informationUsing Social Media to Defend Workers Compensation Claims
Using Social Media to Defend Workers Compensation Claims Presented By: Nicole Tackett Managing Workers Compensation Attorney Vernis & Bowling of Charlotte 4701 Hedgemore Drive, Suite 812 Charlotte, NC
More informationSOCIAL MEDIA ETHICS GUIDELINES
SOCIAL MEDIA ETHICS GUIDELINES OF THE COMMERCIAL AND FEDERAL LITIGATION SECTION OF THE NEW YORK STATE BAR ASSOCIATION MARCH 18, 2014 Gregory K. Arenson, Section Chair Mark A. Berman, Co-Chair of the Social
More informationBIG LOTS, INC. CODE OF BUSINESS CONDUCT AND ETHICS
September 2003 BIG LOTS, INC. CODE OF BUSINESS CONDUCT AND ETHICS Introduction This Code of Business Conduct and Ethics covers a wide range of business principles to guide all directors, officers and associates
More informationThe Risks and Benefits of Social Networking for Lawyers
The Risks and Benefits of Social Networking for Lawyers Presented by Julie A. Totten Orrick, Herrington & Sutcliffe, LLP Co-written by Allison Riechert Technology in the Practice & Workplace Midyear Meeting
More informationGuide to Ethical Use of Social Media for Texas Lawyers. Zach Wolfe.
I. Introduction www.fiveminutelaw.com First, the bad news. The Texas Disciplinary Rules of Professional Conduct that apply to use of social media are poorly written, ambiguous, byzantine, and potentially
More informationNew Castle County Ethics Commission GOVERNMENT ETHICS NEW CASTLE COUNTY
New Castle County Ethics Commission GOVERNMENT ETHICS IN NEW CASTLE COUNTY A GUIDE FOR NEW CASTLE COUNTY OFFICIALS AND EMPLOYEES New Castle County Ethics Commission TABLE OF CONTENTS INTRODUCTION...1 Who
More informationLegal Ethics and Technology: What You Need to Know to be Technologically Competent. Model Rule 1.1. Diffusion of Innovation 10/11/2016
Legal Ethics and Technology: What You Need to Know to be Technologically Competent Michael Downey Downey Law Group LLC October 2016 Model Rule 1.1 A lawyer shall provide competent representation to a client.
More informationNORTON SHORES POLICE DEPARTMENT Standard Operating Procedure
Subject NORTON SHORES POLICE DEPARTMENT Standard Operating Procedure Number Use of Social Media 81-03 Effective Date Revised Date Cancels October 28, 2010 Issued by Daniel R. Shaw, Chief of Police I. PURPOSE
More informationLEO 1891 Communication With Represented Government Officials. Question Presented. Answer
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 LEO 1891 Communication With Represented Government Officials Question
More informationStatus Update: Developments On Social Media In The Workplace
Status Update: Developments On Social Media In The Workplace League of California Cities City Attorney Track September 19, 2013 Traci I. Park Burke, Williams & Sorensen, LLP www.bwslaw.com Los Angeles
More informationLegal Ethics and Social Media
Legal Ethics and Social Media Presented by: SCOTT WEATHERFORD Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100 Austin, Texas 78701 (512) 236-2000 sweatherford@jw.com WHAT IS SOCIAL MEDIA? Social media
More informationProposed amendments to Rules November 9, 2016 INFORMATION ABOUT LEGAL SERVICES. Communications Concerning A Lawyer's Services
Proposed amendments to Rules 7.1-7.5 November 9, 2016 INFORMATION ABOUT LEGAL SERVICES RULE 7.1 Communications Concerning A Lawyer's Services A lawyer shall not make a false or misleading communication
More informationLEGAL ETHICS OPINION LAWYER ADVERTISING AND SOLICITATION.
LEGAL ETHICS OPINION 1750. LAWYER ADVERTISING AND SOLICITATION. The Standing Committee on Lawyer Advertising and Solicitation reviewed all of its previous opinions, and issued a compendium opinion, summarizing
More informationDated July 2017 ALTUS STRATEGIES PLC. ( Company ) SOCIAL MEDIA POLICY
Dated July 2017 ALTUS STRATEGIES PLC ( Company ) SOCIAL MEDIA POLICY Tel +44 (0)370 903 1000 Fax +44 (0)370 904 1099 mail@gowlingwlg.com www.gowlingwlg.com CONTENTS Clause Heading Page 1 ABOUT THIS POLICY...
More informationHow the Ethics Rules Influence the Role of Discovery Counsel
How the Ethics Rules Influence the Role of Discovery Counsel This article was originally published by Corporate Counsel on November 17, 2015. by David L. Stanton and Brian D. Martin David L. Stanton Litigation
More informationApplicants will receive a job description and person specification for the role applied for.
Recruitment, selection and disclosure policy and procedure 1 Introduction The Bedford Charity (The Harpur Trust) is committed to providing the best possible care and education to its pupils and to safeguarding
More informationSocial Networking and Internet Marketing in the Financial Services Sector
Social Networking and Internet Marketing in the Financial Services Sector How compliant is your program? Michele (Mitch) L. Gibbons Partner 212-506-2180 mgibbons@mayerbrown.com Michael R. Butowsky Partner
More informationChanging Teams: Moving from One Firm to Another
January-March 2006 Alaska Bar Rag Changing Teams: Moving from One Firm to Another By Mark J. Fucile Fucile & Reising LLP The Alaska Bar issued an ethics opinion in September outlining the ethical obligations
More informationCODE OF ETHICS AND PROFESSIONAL CONDUCT
CODE OF ETHICS AND PROFESSIONAL CONDUCT Preamble Members of The American Institute of Architects are dedicated to the highest standards of professionalism, integrity, and competence. This Code of Ethics
More informationGlobal Code of Business Conduct and Ethics
Global Code of Business Conduct and Ethics Message from the chairman Dear Colleagues: The Hay Group Global Code of Business Conduct and Ethics (the Code ) is our company s statement of commitment to the
More informationSTANDARD ON TRAINING OF MEMBERS OF THE GOVERNING BODY
STANDARD 1.2-3 ON TRAINING OF MEMBERS OF THE GOVERNING BODY STANDARD The provider should assure that all members receive orientation and training necessary for full and effective participation on the governing
More informationCommittee Opinion May 6, 2008 CITY ATTORNEY PROVIDES LEGAL SERVICES TO MULTIPLE CONSTITUENTS WITHIN AN ORGANIZATION.
LEGAL ETHICS OPINION 1836 CONFLICTS OF INTEREST INVOLVED WHEN CITY ATTORNEY PROVIDES LEGAL SERVICES TO MULTIPLE CONSTITUENTS WITHIN AN ORGANIZATION. You have presented hypothetical situations in which
More informationHennepin County Sheriff s Office Policy Manual
Document Number: 1058 Document Name: Employee Speech, Expression and Social Networking Effective Date: February 9, 2016 Document Status: Approved 1058.1 PURPOSE AND SCOPE This policy is intended to address
More informationThe Futures Trust. Safer Recruitment Policy
The Futures Trust Safer Recruitment Policy The Futures Trust is committed to safeguarding and promoting the welfare of children and young people and requires all staff to share this commitment Date of
More informationSocial Media in the Workplace
Social Media in the Workplace AUSTRALIA 1 POLICY STATEMENT William Demant Holding Pacific Region hereafter referred to as The Company recognises that the use of social media is increasingly widespread
More informationEthical Principles for City Attorneys 1 Adopted October 6, 2005 City Attorneys Department Business Session
Ethical Principles for City Attorneys 1 City Attorneys Department Business Session Preamble A city attorney occupies an important position of trust and responsibility within city government. Central to
More informationAlternative Dispute Resolution Section of the American Bar Association Task Force on Mediator Credentialing. Final Report
Alternative Dispute Resolution Section of the American Bar Association Task Force on Mediator Credentialing Final Report In October 2011 the Council of the ABA s Alternative Dispute Resolution Section
More informationStaff Code of Conduct (Version 1.0)
DRAFT COPY Staff Code of Conduct (Version 1.0) POLICY STAFF CODE OF CONDUCT NVR Ref: Standard 2 MCC Ref: Policy MCC-2-S1 This Code of Conduct is intended to guide the staff of the Institute to identify
More informationPROFESSIONAL COUNSEL. Practicing Law in the Age of Social Media A CNA PROFESSIONAL COUNSEL GUIDE FOR LAWYERS AND LAW FIRMS
PROFESSIONAL COUNSEL SM ADVICE AND INSIGHT INTO THE PRACTICE OF LAW Practicing Law in the Age of Social Media A CNA PROFESSIONAL COUNSEL GUIDE FOR LAWYERS AND LAW FIRMS Introduction The evolving nature
More information(FIRM NAME) Social Media and Social Networking Policies and Procedures
(FIRM NAME) Social Media and Social Networking Policies and Procedures Today, social media encompasses a broad sweep of online activity, all of which is trackable and traceable. These networks include
More informationCODE OF CONDUCT. (As Amended June 11, 2015)
CODE OF CONDUCT (As Amended June 11, 2015) 1. INTRODUCTION Employees of Facebook, Inc., or any of its affiliates or subsidiaries, ( Facebook ) and others performing work for Facebook or on its behalf,
More informationConflict of Interest
Conflict of Interest 2017 12.1 Ontario Soccer (OS) is committed to providing an environment in which all Registrants and Registered Organizations of OS and any of its governing organizations (collectively
More informationSUMMARY OF NEW LAWYER ADVERTISING RULES EFFECTIVE MAY 1, 2013
The Supreme Court of Florida has issued new lawyer advertising rules, which will be effective at 12:01 a.m. on May 1, 2013. In re: Amendments to the Rules Regulating The Florida Bar - Subchapter 4-7, Lawyer
More informationWhat s New About The Rules On Lawyer Advertising? By Fred A. Simpson 1
What s New About The Rules On Lawyer Advertising? By Fred A. Simpson 1 The Supreme Court recently adopted amended rules on lawyer advertising, effective June 1, 2005. The amended rules are the result of
More informationThe Company seeks to comply with both the letter and spirit of the laws and regulations in all jurisdictions in which it operates.
1. Policy Statement CRC HEALTH GROUP, INC. CRC HEALTH CORPORATION CODE OF BUSINESS CONDUCT AND ETHICS It is the policy of CRC Health Group to conduct its business affairs honestly and in an ethical manner.
More informationRELM WIRELESS CORPORATION (the Company ) CODE OF BUSINESS CONDUCT AND ETHICS
RELM WIRELESS CORPORATION (the Company ) CODE OF BUSINESS CONDUCT AND ETHICS Introduction This Code of Business Conduct and Ethics covers a wide range of business practices and procedures. It does not
More informationAppendix 8. M&T BANK CORPORATION CODE OF BUSINESS CONDUCT AND ETHICS
Appendix 8. M&T BANK CORPORATION CODE OF BUSINESS CONDUCT AND ETHICS Introduction. This ( Code ) covers a wide range of business practices and procedures. There are, of course, many corporate policies
More informationCompliance with Laws, Rules and Regulations
R1 RCM Inc. (hereafter, R1 or the Company ) is committed to the conduct of its business in an ethical, legal, and transparent manner. In turn, the Company expects that all employees, contractors and vendors
More informationProposed Amendments to ABA Model Rules of Professional Conduct on Lawyer Advertising
Proposed Amendments to ABA Model Rules of Professional Conduct on Lawyer Advertising Wednesday, March 28, 2017 1:00 PM Eastern Sponsored by the ABA Center for Professional Responsibility and the Center
More informationUNIVERSITIES ACT, 1997 UNIVERSITY OF LIMERICK STATUTE NO. 4
UNIVERSITIES ACT, 1997 UNIVERSITY OF LIMERICK STATUTE NO. 4 Approved by Governing Authority 26 November 2002 UNIVERSITIES ACT, 1997 UNIVERSITY OF LIMERICK We, the governing authority of the University
More informationFOUNDATION BUILDING MATERIALS, INC. EMPLOYEE CODE OF CONDUCT
FOUNDATION BUILDING MATERIALS, INC. EMPLOYEE CODE OF CONDUCT Foundation Building Materials, Inc. (the Company ) conducts its business in accordance with the highest ethical standards of corporate leadership
More informationPOLICY. Descriptors : 1) Conduct 2) Behaviour 3) Ethics 4) Rules
POLICY Policy Title: Code of Conduct Descriptors : 1) Conduct 2) Behaviour 3) Ethics 4) Rules Category : Human Resources Intent Organisational Scope Definitions Policy Content References Contact Information
More informationDid You. Social Networking, Privacy and Employment Law Issues
My Did You Wall? Social Networking, Privacy and Employment Law Issues By g 26 June / July 2010 In the beginning, accessing the Internet was not an interactive activity. Instead, people used it primarily
More informationConducting Effective Internal Investigations. From Workplace Harassment to Criminal Conduct and Everything in Between
Conducting Effective Internal Investigations From Workplace Harassment to Criminal Conduct and Everything in Between Presenters Christopher G. Keim Partner, Management Committee Chris is a trial lawyer
More informationCity of San Juan Capistrano Agenda Report. Honorable Mayor and Members of the City Council
101312017 City of San Juan Capistrano Agenda Report F3a TO: FROM: SUBMITTED BY: Honorable Mayor and Members of the City Council ~n Siegel, City Manager Jeff Ballinger, City Attorney tv\~ ~ r :re, DATE:
More informationNASW-NC Social Media Policy Setting up Social Media- NASW-NC Professional Accounts
NASW-NC Social Media Policy 2011 Social media are powerful communication tools that have a significant impact on organizational and professional reputations. Social media are defined as media designed
More informationDROPBOX, INC. CORPORATE GOVERNANCE GUIDELINES
DROPBOX, INC. CORPORATE GOVERNANCE GUIDELINES (Adopted on February 22, 2018; Effective upon the effectiveness of the registration statement relating to the Company s initial public offering) The Board
More informationSocial Networking from 9-5: Unique Legal Challenges Facing Employers
Social Networking from 9-5: Unique Legal Challenges Facing Employers by James E. Fagan and Luisa M. Lopez September 16, 2010 2008 Venable LLP 1 Seminar Overview Tools of the Trade Why employees use social
More informationSupreme Court of Florida
Supreme Court of Florida No. SC09-394 PER CURIAM. IN RE: AMENDMENTS TO RULE REGULATING THE FLORIDA BAR 4-7.1 LAWYER-TO-LAWYER AND LAWYER-TO-CLIENT COMMUNICATIONS. [July 8, 2010] This matter is before the
More informationDIAMOND OFFSHORE DRILLING, INC. Corporate Governance Guidelines
Revised 19 October 2009 DIAMOND OFFSHORE DRILLING, INC. Corporate Governance Guidelines Introduction The following Corporate Governance Guidelines ( Guidelines ) have been adopted by the Board of Directors
More informationASSOCIATED BANC-CORP CODE OF BUSINESS CONDUCT AND ETHICS
ASSOCIATED BANC-CORP CODE OF BUSINESS CONDUCT AND ETHICS Introduction This Code of Business Conduct and Ethics covers a wide range of business practices and procedures. It does not cover every issue that
More informationSocial Media Policy. Reference: HR th December Induction CD/ Sharepoint/ EDRMS HR Site/ Website
Social Media Policy Reference: Document Type: Status of Document: Policy Final Version: 1.2 Date Approved: 16 th December 2014 Approved By: Publication Date: Review Date Policy Owner Applies to: Document
More informationAdvisory Opinion Issued: December 6, 2016
THE 131 ST OHIO GENERAL ASSEMBLY JOINT LEGISLATIVE ETHICS COMMITTEE OFFICE OF THE LEGISLATIVE INSPECTOR GENERAL 50 W. Broad Street, Suite 1308, Columbus, OH 43215 (614) 728-5100 www.jlec-olig.state.oh.us
More informationSEMPRA ENERGY. Corporate Governance Guidelines. As adopted by the Board of Directors of Sempra Energy and amended through December 15, 2017
SEMPRA ENERGY Corporate Governance Guidelines As adopted by the Board of Directors of Sempra Energy and amended through December 15, 2017 I Role of the Board and Management 1.1 Board Oversight Sempra Energy
More informationTHE USE OF SOCIAL MEDIA BY INVESTMENT COMPANIES, INVESTMENT ADVISERS, AND BROKER-DEALERS
THE USE OF SOCIAL MEDIA BY INVESTMENT COMPANIES, INVESTMENT ADVISERS, AND BROKER-DEALERS With the rapid development of social media outlets on the Internet, the online presence of investment companies,
More informationCode of Business Conduct and Ethics
Code of Business Conduct and Ethics Table of Contents Purpose... 1 Scope... 1 Policy... 2 Responsibilities... 8 Enforcement... 8 Review and Revision... 8 PURPOSE Pursuant to the Sarbanes-Oxley Act of 2002
More informationTHE ASME CRITERIA FOR INTERPRETATION OF THE CANONS
THE ASME CRITERIA FOR INTERPRETATION OF THE CANONS The ASME criteria for interpretation of the Canons are guidelines and represent the objectives toward which members of the engineering profession should
More informationFebruary 2, AdvisorLaw, LLC 3400 Industrial Lane, Unit 10A Broomfield, CO Armin Sarabi Attorney Regulatory Representation
February 2, 2018 By Electronic Mail (pubcom@finra.org) Marcia E. Asquith Office of the Corporate Secretary Financial Industry Regulatory Authority (FINRA) 1735 K Street, NW Washington, DC 20006-1506 Re:
More informationADVOCATE FORM. A Fellow is an individual who:
ADVOCATE FORM A Fellow of the College of Labor and Employment Lawyers has provided this form to you as part of the process of nominating you for membership in The College of Labor and Employment Lawyers.
More informationSocial Media Guide. for Lawyers. v. 3.0
Social Media Guide for Lawyers v. 3.0 i Copyright 2016, Meritas, Inc. All rights reserved. DISCLAIMER: The information provided in this Social Media Guide for Lawyers is made available for general informational
More informationAAC Regulation No. 1: FALSE, DECEPTIVE AND MISLEADING ADVERTISING
AAC Regulation No. 1: FALSE, DECEPTIVE AND MISLEADING ADVERTISING A. Authority, Purpose and Scope 1. SCR 3.130(7.02)(6) provides in part that the Attorneys Advertising Commission [identified throughout
More informationThe Company seeks to comply with both the letter and spirit of the laws and regulations in all countries in which it operates.
1. Policy Statement ROOT9B HOLDINGS, INC. CODE OF BUSINESS CONDUCT AND ETHICS The Nasdaq listing standards require that the Company provide a code of conduct for all of its directors, officers and employees.
More informationBarbara Strozzilaan 201, 1083HN Amsterdam
Brack capital properties N.V. ( BCP or the Company ) code of Ethics 1. Introduction This Code of Business Conduct and Ethics covers a wide range of business practices and procedures. It does not cover
More informationTHE USE OF SOCIAL MEDIA BY INVESTMENT COMPANIES, INVESTMENT ADVISERS, AND BROKER-DEALERS
THE USE OF SOCIAL MEDIA BY INVESTMENT COMPANIES, INVESTMENT ADVISERS, AND BROKER-DEALERS With the rapid development of social media outlets on the Internet, the online presence of investment companies,
More informationCorporate Code of Business Conduct and Ethics
Corporate Code of Business Conduct and Ethics A MESSAGE FROM OUR CHAIRMAN, PRESIDENT AND CHIEF EXECUTIVE Honesty and integrity are paramount values at TRC. Our commitment to strict ethical standards has
More informationSocial Media on the Workplace
Considerations regarding the effect of Social Media on the Workplace Scott F. Singley, Esq. Lindsey S. Wiseman, Esq. October 26, 2011 Overview The term Social Media is too broad and fluid to specifically
More informationWill You Be My Friend? Covert Investigations Through Social Media
July-September 2012 Alaska Bar Rag Will You Be My Friend? Covert Investigations Through Social Media By Mark J. Fucile Fucile & Reising LLP Last year I was involved in a personal injury case that included
More informationCode of Ethics. For Officers, Employees and Representatives of the. NEW YORK CITY and VICINITY DISTRICT COUNCIL. of CARPENTERS
Code of Ethics For Officers, Employees and Representatives of the NEW YORK CITY and VICINITY DISTRICT COUNCIL of CARPENTERS 395 Hudson Street New York, New York Telephone: (212) 366-7300 Effective: July
More informationHCCA Professional Code of Ethics
HCCA Professional Code of Ethics DISPLAY DRAFT CODE OF ETHICS FOR HEALTH CARE COMPLIANCE PROFESSIONALS ADOPTED SEPTEMBER 15, 1999 PREAMBLE Health care compliance programs are ultimately judged by how they
More informationCODE OF ETHICS of Local Civil Servants and Employees
Union of Municipalities of Montenegro BUILDING CONFIDANCE CODE OF ETHICS of Local Civil Servants and Employees This Model is prepared with the expert help and support of Organization for Security and Co-operation
More informationModel Rule 7.1: Communications Concerning A Lawyer s Services
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Model Rule 7.1: Communications Concerning A Lawyer s Services A lawyer shall not make a false or misleading communication about
More informationPRSA Code of Ethics: Preamble
PRSA Code of Ethics: Preamble This Code applies to PRSA members. The Code is designed to be a useful guide for PRSA members as they carry out their ethical responsibilities. This document is designed to
More informationTriple C Housing, Inc. Compliance Plan
Triple C Housing, Inc. Compliance Plan Adopted by Board of Directors on draft November 13, 2014 Overview Triple C Housing, Inc. is committed to its consumers, employees, contractual providers, vendors,
More informationFirst Amendment Lawyers Association February 15, 2013 Meeting. Ethical Considerations Regarding Social Media
First Amendment Lawyers Association February 15, 2013 Meeting Ethical Considerations Regarding Social Media 1 Paul J. Cambria, Jr., Esq. Lipsitz Green Scime Cambria LLP 42 Delaware Avenue, Suite 120 Buffalo,
More informationSTAFF CODE OF CONDUCT
STAFF CODE OF CONDUCT FOREWORD This Code describes the standards of behaviour required of all members of staff of the National Assembly for Wales (employees of the Assembly Commission). As an employee
More informationAssume that any action you take could ultimately be publicized, and consider how you and PCA would be perceived. When in doubt, stop and reflect.
CODE OF ETHICS ( Code ) 8.1 Purpose The purpose of the Code of Ethics and Business Conduct is to set forth basic principles to guide you in your day-to-day activities as an employee, officer, or director
More informationEffective Use of Social Media in Litigation
Effective Use of Social Media in Litigation April 30 May 1, 2014 Copyright 2014 by K&L Gates LLP. All rights reserved. PANELISTS Paul W. Sweeney, Jr. Partner, Commercial Disputes K&L Gates LLP paul.sweeney@klgates.com
More informationRules and approval procedures governing outside activities
Human Resources Services Services des Ressources humaines Circular No. Circulaire n HRS 28/2008 Date: 28-10-2008 Rules and approval procedures governing outside activities 1. The rules which govern the
More informationCOUNCIL POLICY EMPLOYEE CODE OF CONDUCT POLICY
CITY OF WHITEHORSE COUNCIL POLICY POLICY: EMPLOYEE CODE OF CONDUCT AUTHORITY: Council Resolution # 97-11-07 dated May 26, 1997 EMPLOYEE CODE OF CONDUCT POLICY POLICY STATEMENT Local Government is an open,
More informationAMETEK, Inc. Code of Ethics and Business Conduct
AMETEK, Inc. Code of Ethics and Business Conduct Code of Ethics and Business Conduct A Message from the Chairman of the Board and Chief Executive Officer Dear AMETEK Colleague: AMETEK has been in business
More informationManaging Whistleblowers: An Employer s Perspective
Managing Whistleblowers: An Employer s Perspective Jeffrey S. Heller Associate General Counsel BP America Inc. Houston, TX Jeffrey.Heller@bp.com ABA Annual Meeting, August 2014 TWO SCENARIOS FOR AN INVESTIGATION:
More informationTwo Recent Decisions Analyze Topics Important to All In-House Lawyers: Carefully Identifying Their Clients and Internally Communicating by
Two Recent Decisions Analyze Topics Important to All In-House Lawyers: Carefully Identifying Their Clients and Internally Communicating by E-Mail Thomas E. Spahn August 27, 2007 Two very recent cases should
More informationSocial Media Policy. To provide guidance for staff, volunteers and contractors on the appropriate use of social media. Purpose.
Social Media Policy Solent NHS Trust policies can only be considered to be valid and up-to-date if viewed on the intranet. Please visit the intranet for the latest version. Purpose Document Type Reference
More informationCorporate Governance: Sarbanes-Oxley Code of Ethics
Corporate Governance: Sarbanes-Oxley Code of Ethics Latest Update: December 14, 2016 CODE OF BUSINESS CONDUCT AND ETHICS TABLE OF CONTENTS Introduction 1 Purpose of the Code 1 Conflicts of Interest 2 Corporate
More informationAmendment to the Medical Council s Statement on advertising in relation to the use of testimonials
8 March 2016 Amendment to the Medical Council s Statement on advertising in relation to the use of testimonials The Medical Council of New Zealand (the Council) is proposing to amend part of its Statement
More informationPUBLIC RECORDS PRACTICES AFTER THE SAN JOSÉ DECISION
PUBLIC RECORDS PRACTICES AFTER THE SAN JOSÉ DECISION Thursday, July 20, 2017 10:00a.m. - 11:30a.m. Jolie Houston, Interim City Attorney, City of Merced Assistant City Attorney, City of Gilroy Partner,
More informationCode of Ethics for Senior Financial Officers
Code of Ethics for Senior Financial Officers Department Issuing Code: Corporate Compliance Executive Sponsor: Chief Compliance Officer, Black Knight, Inc. Code Owner: Chief Compliance Officer, Black Knight,
More informationMVLC LAW Brown Bag CLE Fall 2018 Brown Bag CLE Series
MVLC LAW Brown Bag CLE Fall 2018 Brown Bag CLE Series Hon. Richard J. Sankovitz Milwaukee County Circuit Court Online Viewers Problems streaming? Try using another browser. If slides appear small, they
More informationOUR CODE OF BUSINESS CONDUCT AND ETHICS
OUR CODE OF BUSINESS CONDUCT AND ETHICS Introduction This Code of Business Conduct and Ethics covers a wide range of business practices and procedures. It does not cover every issue that may arise, but
More informationManitoba Liberal Party. Code of Conduct April 2008
Manitoba Liberal Party Code of Conduct April 2008 Contents MESSAGE ON PERSONAL RESPONSIBILITY 2 VOLUNTEERS/EMPLOYEES 3 Personal Conduct 3 Volunteers 3 Conduct in the Community 3 Proprietary Information
More informationFILLONGLEY PARISH COUNCIL SOCIAL MEDIA POLICY
FILLONGLEY PARISH COUNCIL SOCIAL MEDIA POLICY The aim of this Policy is to set out a Code of Practice to provide guidance to staff and Parish Councillors in the use of online communications, collectively
More informationTHE ASME CRITERIA FOR INTERPRETATION OF THE CANONS
THE ASME CRITERIA FOR INTERPRETATION OF THE CANONS The ASME criteria for interpretation of the Canons are guidelines and represent the objectives toward which members of the engineering profession should
More informationHere is a model social media policy prepared by Stuart Fross, partner at
The Socially Savvy Advisor: Compliant Social Media for the Financial Industry, First Edition. Jennifer Openshaw, Stuart Fross, and Amy McIlwain. 2015 by Jennifer Openshaw. Published 2015 by John Wiley
More informationADVERTISING & SOLICITATION MRPC
ADVERTISING & SOLICITATION MRPC 7.1-7.6 Bates v. State Bar of Arizona 433 U.S. 350 (1977) First Amendment protects truthful newspaper advertising by lawyers regarding fees and services. Former legal aid
More informationELECTED OFFICIALS SOCIAL MEDIA POLICY
CITY OF MONROE ADMINISTRATION POLICIES POLICY SUBJECT: ELECTED OFFICIALS SOCIAL MEDIA POLICY REFERENCE NUMBER: 2015-01 EFFECTIVE DATE: May 5, 2015 APPROVED: Mayor City Administrator SUBMITTED TO COUNCIL:
More informationSNAP INC. CORPORATE GOVERNANCE GUIDELINES
SNAP INC. CORPORATE GOVERNANCE GUIDELINES The Snap Inc. Board of Directors has established the following guidelines for the Board s conduct and operation of the Board. These guidelines are designed to
More informationLawnswood Campus. Social Media Policy
Lawnswood Campus Social Media Policy Review Date: Local Agreement guidance followed for updates Please read Governors as Management Board Schools as PRUs Signed by the Chair of the Management Board:. Date:
More informationCorporate Governance Guidelines
Corporate Governance Guidelines MISSION STATEMENT Members of the Board of Directors (the Board ) have a critical role in setting the culture and values of the company by their actions or inactions as to
More informationFIRST SOLAR, INC. CORPORATE GOVERNANCE GUIDELINES. A. The Roles of the Board of Directors and Management
FIRST SOLAR, INC. CORPORATE GOVERNANCE GUIDELINES A. The Roles of the Board of Directors and Management 1. The Board of Directors - The business of First Solar, Inc. (the Company ) shall be conducted under
More information