Alabama Workers' Comp Blawg

  • 11
  • May
  • 2009

CANNOT USE FRIENDS TO ACCESS FACEBOOK AND MYSPACE PAGES

In a March advisory opinion, the Philadelphia Bar Association stated that it is unethical to gain access to a witness’ social networking web site by using a "friend" not affiliated with the litigation. Since Facebook and MySpace require an invitation and/or permission before access is granted, they are different from other types of sites that provide unhindered access to the general public. By not telling the witness the real reason that access is requested, it is concealment and thus unethical.

My Two Cents: Although this issue has not yet been addressed in Alabama, I would expect the same result. Even without a formal ethics opinion in place, a trial judge would likely frown on an attorney or his clients gaining access to this type of information by concealment.

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