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March 07, 2012

Looking for 'Friends' You Can Count On?

People become friends for all kinds of reasons. Jonathan Ezor looks into the ethics of attorneys "friending" witnesses or opposing parties via social media such as Facebook to gain access to evidence in "False Friends: the Ethical Limits of Discovery via Social Media."

Ezor further investigates in what situations might evidence gathered through "false friending" be admissable -- even if the lawyer violated ethical rules. For private attorneys, state law could permit it.

Facebook_homepage400Is it ever justifiable when dealing with social media to search beyond posts that are publicly available?

Image by Spencer E. Holtaway

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