Volume 36:3 (Spring 2013)

Ethical Limitations on Informal Discovery of Social Media Information



Author:

Steven C. Bennett
Page(s):
473-503

Abstract

The Model Rules of Professional Responsibility do not expressly mention social media. However, this Article demonstrates that ethical obligations attach in light of the increasing prevalence of social media use in litigation. This Article examines the Model Rules in the context of social media and offers guidance on ethical obligations through a survey of recent ethics opinions, related developments, and additional ethics issues related to litigation.