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Facebook & Ethics

The San Diego County Bar Association Legal Ethics Committee recently released a new opinion about informal discovery on Facebook.  The Committee found that an attorney cannot “friend request” a represented party on    The opinion states that the “friend request” is tantamount to an indirect ex parte communication with a represented party, which violates California Rule of Professional Conduct 2-100.    It held that “if the communication to the represented party is motivated by the desire to obtain information about the subject of the representation, the communication with the represented party is about the subject matter of that representation.”   The opinion prohibits “friend requests” even to unrepresented witnesses without disclosing the purpose of the request because it potentially is misleading to the individual into accepting such a friendship. 

Last Updated Tuesday, January 14, 2020 - 04:05 AM.

Peel | Garcia LLP
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Jim Peel

Manuel Garcia

Troy Hazelton

Nicholas J. Perry