September 14, 2009

Online Norms Clash with Ethical Obligations

In Florida, a lawyer recently consented to the reprimand handed to him by the state bar last year when he used unprofessional language in criticizing a judge online. The Florida Supreme Court still wanted the matter reviewed on constitutional grounds before upholding the sanctions. Closer to home, another attorney lost her position as an assistant public defender for remarks she made online and now faces disciplinary action. Judges have come under scrutiny for their behavior in the cyberworld too. Another case starts in Texas today dealing with attorneys who have shared too much online. So word to the wise: just don't do it. No matter how juicy, how well you disguise it, your boss and the bar still get the last say on whether it was unprofessional, or worse, unethical.