February 22, 2013 - Oregon State Bar

More documents

Recommendations

Info

$P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar$

$P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar$

OREGON STATE BAR Board of Governors Agenda Meeting Date: February 22, 2013 From: Sylvia E. Stevens, Executive Director Re: Proposed Formal EOP: Accessing Information on a Social Networking Site Action Recommended Consider the recommendation of the Legal Ethics Committee to issue a formal opinion on the ethical implications of accessing information through a social networking website. Background The Legal Ethics Committee has drafted an opinion discussing the ethical implications of accessing information about third parties from a social networking site. This is an evolving issue that has been the subject of much commentary and about which several jurisdictions have issued formal ethics advice for practitioners. 1 The LEC opinion has three parts. The first part begins with a citation RPC 4.2, which governs a lawyer’s communications with represented persons and determines, by analogy to OSB Ethics Op. 2005-164 (discussing the propriety of viewing an adverse party’s website), that passively viewing information that it publicly available on a social media site is not a communication within the meaning of the rule. The second question in the opinion concerns requesting access to the non-public information on a social media site. If the third party is not known to be represented by counsel on the subject of the lawyer’s representation, RPC 4.3 would prohibit such a request only if the lawyer states or implies that she is “disinterested” in the matter or if the person “misunderstands” the lawyer’s role. In the opinion of the LEC (an view shared by most authorities), a simple truthful request does not imply “disinterest.” On the contrary, it suggests the opposite, that the requestor has some interest in the person’s information, although for an unspecified reason. Similarly, a request to access non-public information does not by itself constitute a representation about the lawyer’s role that could be misunderstood. The third person has complete control about who may access the non-public portions of the site; if the person exercises no discretion (i.e., by inquiry about the nature of or reason for the requestor’s interest), it does not follow that the person “misunderstands” the lawyer’s role. Rather, it is more likely that the person doesn’t care and freely allows visitors to the non-public portions of the site. Should the person inquire about the requesting lawyer’s interest, the lawyer must of course respond truthfully or withdraw the request. A lawyer also may not ask to “friend” a 1 Connecticut Bar Assn., Missouri Bar; Assn. of the Bar of the City of New York; New York State Bar Assn.; New York County Lawyers’ Assn.; Philadelphia Bar Assn.
BOG Agenda Memo — Proposed Formal EOP: Accessing Information on a Social Networking Site February 22, 2013 Page 2 person that the lawyer knows is represented on the subject of the matter except through the person’s counsel or with the counsel’s prior consent. The final portion of the opinion warns that the lawyer may not make a request using an alias in order to disguise the lawyer’s identity. Whether the lawyer may do so through another depends on the applicability of RPC 8.4(b), which allows a lawyer to advise about or supervise the subterfuge of another to investigate the lawyer’s reasonable belief that “unlawful activity has taken place, is taking place or will take place in the foreseeable future.” The LEC encourages the BOG to approve this opinion because it believes it strikes the right balance between a lawyer’s obligations to his or her clients and the rights of third persons, and will provide helpful guidance to practitioners regarding developing methods of information-gathering.
Page 1 and 2: Oregon State Bar Meeting of the Boa
Page 3 and 4: 7. Other Action Items A. Revision o
Page 5 and 6: OREGON STATE BAR Board of Governors
Page 7 and 8: BOG Agenda Memo — Executive Direc
Page 15 and 16: Headcount and Turnover Report Annua
Page 17 and 18: Responsibilities The DAC’s respon
Page 19: BOG Agenda Memo —Ira Zarov CEO PL
Page 31 and 32: of the representation with a person
Page 33 and 34: the holder of the account asks for
Page 35 and 36: Board of Governors Agenda — Propo
Page 37 and 38: Board of Governors Agenda — Propo
Page 39 and 40: OREGON STATE BAR Board of Governors
Page 41 and 42: PROPOSED OREGON RPCS 7.1 THROUGH 7.
Page 53 and 54: Report of the Advertising Task Forc
Page 55 and 56: attempts to keep members of the pub
Page 57 and 58: legal circumstances requires that a
Page 59 and 60: C. From the General to the Specific
Page 61 and 62: Exhibit A Current Oregon Rules of P
Page 63 and 64: (c) A lawyer in private practice: (
Page 65 and 66: Exhibit C Advertising Task Force Pr
Page 67 and 68: persons who are not known to need l
Page 69 and 70: 2013 ONLD Master Calendar Last upda
Page 71 and 72:
OREGON STATE BAR Board of Governors
Page 73 and 74:
Board of Governors Agenda Memo —D
Page 75 and 76:
Loan Repayment Assistance Program P
Page 77 and 78:
• Report annually to the OSB Acce
Page 79 and 80:
Program participants are advised to
Page 81 and 82:
for a period of six months in the e
Page 83 and 84:
Page 85 and 86:
BOG Agenda Memo — CSF Claims Reco
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
BOG Agenda Memo — CSF Claim DALRY
Page 95 and 96:
Mr. Dalrymple charged me 2 times fo
Page 97 and 98:
Mr. Dalrymple's Statement on Michae
Page 99 and 100:
Date 23Jun-08 24Jun-08 25-Jun-08 30
Page 101 and 102:
Mr. Dalrymple's Statement on Michae
Page 103 and 104:
BOG Agenda Memo — CSF Claim JORDA
Page 107 and 108:
From: Chris Eggert Date: March 8, 2
Page 109:
The investigator conducted a teleph
Page 112 and 113:
Page 114 and 115:
BOG Agenda Memo —[Click here and
Page 116 and 117:
BOG Agenda Memo — BOG Role in Rei
Page 118 and 119:
Amendments to Reinstatement Rules o
Page 120 and 121:
(i) during the period of the member
Page 122 and 123:
(b) Judgment for Costs; Client Secu
Page 124 and 125:
Subsection 6.103 Reinstatement A fi
Page 126 and 127:
Page 128 and 129:
PAC Bar List & Position Tracking BI
Page 130 and 131:
Bill # Relating Clause Bill Descrip
Page 132 and 133:
Bill # Relating Clause Bill Descrip
Page 136 and 137:
Page 138:
January 25, 2013 Charles N Isaak 14
Page 145 and 146:
E. Director of Diversity & Inclusio
Page 147 and 148:
D. Member Services Committee Mr. Ke
Page 149 and 150:
Professional Liability Fund Ira R.
Page 151 and 152:
2013 PLF BUDGET, AND 2013 PRIMARY A
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
-1- OREGON STATE BAR PROFESSIONAL L
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
-~- OREGON STATE BAR PROFESSIONAL L
Page 167 and 168:
Action Memo To: O56 Board of Govern
Page 169 and 170:
Action Memo To: OSB Board of Govern
Page 171 and 172:
(C) (1) Reductions to Indemniri and
Page 173 and 174:
~eoo s/zo/an; soy spe/w~ (2) A Peti
Page 175 and 176:
address only issues raised in the R
Page 177 and 178:
(C) The results of the evaluation w
Page 179 and 180:
(b) The attorney meets with current
Page 181 and 182:
(h) the attorney is not listed in t
Page 183 and 184:
change during the year and Attorney
Page 185 and 186:
(E) If an attorney is paying his or
Page 193 and 194:
New Lawyer Mentoring Program Rule (
Page 196 and 197:
Page 198 and 199:
Board of Governors Memo — Amendin
Page 200 and 201:
Board of Governors Memo — Amendin
Page 202 and 203:
Client Security Fund Rules (As appr
Page 204 and 205:
OSB Client Security Fund Rules (Rev
Page 206 and 207:
OSB Client Security Fund Rules (Rev
Page 208 and 209:
Subsection 6.101 Active Pro Bono St
Page 210 and 211:
Page 212 and 213:
BOG Consent Agenda Memo —Appointm
Page 214 and 215:
State Professional Responsibility C
Page 216 and 217:
Oregon State Bar Board of Governors
Page 218 and 219:
Oregon State Bar Board of Governors
Page 220:
Oregon State Bar Special Closed Mee
Page 224 and 225:
BOG Agenda Memo February 22, 2013 P
Page 226 and 227:
Minutes Budget & Finance Committee
Page 228 and 229:
Minutes Budget & Finance Committee
Page 230 and 231:
Minutes BOG Governance & Strategic
Page 232 and 233:
MINUTES BOG Member Services Committ
Page 234 and 235:
MINUTES BOG Public Affairs Committe
Page 236 and 237:
Page 238 and 239:
MINUTES BOG Special Projects Commit
Page 240 and 241:
CLAIM No. NAME ATTORNEY CLAIM PENDI
Page 242 and 243:
2012 ‐ 107 Lopez, Jennifer Luna M
Page 244:
2013 JUDGMENTS COLLECTED Date Attor
Page 257 and 258:
2012 Chief Legal Officer Survey An
Page 259 and 260:
INTRODUCTION The methods of cost co
Page 261 and 262:
Law School Applications Are Collaps
Page 263 and 264:
Law School Applications Are Collaps
Page 265 and 266:
Law Schools’ Applications Fall as
Page 267 and 268:
Law Schools’ Applications Fall as
Page 269 and 270:
Lawyers Behaving Badly Get A Dressi
Page 271 and 272:
Lawyers Behaving Badly Get A Dressi
Page 275 and 276:
Relax! You’ll Be More Productive
Page 277:
Relax! You’ll Be More Productive
show all

February 22, 2013 - Oregon State Bar

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?