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Who remembers the practice of law before e-mail and computers? I do. In those “good old days,” bar association activities, law clubs, and Martindale-Hubbell were about as adventurous as many attorneys would become when it came to social networking. Today, sites like Facebook and LinkedIn are used by lawyers of all ages, and not merely for socializing purposes.
From an ethics perspective, social networking activities raise cutting-edge issues that are beginning to be addressed with more frequency by courts and bar counsel. From a law firm perspective, as the ethical parameters of these activities become clearer, decision-makers will be in a better position to craft policies and to develop training programs to ensure that firm attorneys and other personnel comport with applicable rules of professional conduct. In this article, I discuss some of the more important ethical developments that are occurring in this area below.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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