After the hearing mom goes online to complain about attorney She posts to various review sites and social media She alleges the attorney used the email she sent against her She says the attorney never disclosed representation of dad Attorney responds on each site, “I deny all these allegations” Paralegal replies on Facebook, “Didn’t use your lies about exchanges!” Questions Is attorney’s denial unethical? Is paralegal’s post unethical?...
Paralegal posts to personal Facebook: Boss got a big win! Drinks on us! Attorney tweets (Xes?): Another dad gets his rights! Who wants to be next? Attorney posts LinkedIn article: California law finally understands that smoking pot is not child abuse On firm’s blog, attorney writes: Groundbreaking case in our favor. Email us for details. Questions Is paralegal’s Facebook post a solicitation?...
Dad tells attorney that he used to have medical marijuana card Dad has let it lapse because of new laws Dad wants to know how the lapse might affect custody Attorney posts details to matrimonial lawyers listserv, asking for input Question Can attorney post details on listserv?
Mom hires a different lawyer Dad’s lawyer and paralegal capture mom’s social media postings To get the good stuff, paralegal sends a friend request to mom Paralegal does not identify himself as attorney’s paralegal Dad’s attorney does not inform opposing counsel Questions Can attorney monitor mom’s social media? Can paralegal friend mom?
Paralegal receives unsolicited email from potential client (mom)? Mom describes custody/visitation dispute Email describes what happens during exchanges After finishing email, paralegal realizes dad is a current client Questions Does the attorney owe a duty of confidentiality to mom? Should the attorney tell mom? What if mom has a lawyer? Should the attorney resign from representing dad?