Forty years ago, lawyers used rotary telephones, typewriters, real books at the library, and hired investigators to find information on someone.  Today, that same lawyer has access to the same information through the cell phone on his/her desk.

The growth of social media has introduced new ethical and professional questions to lawyers looking to use it for investigative purposes.  During investigations, lawyers must be mindful of restrictions when contacting witnesses, experts, jurors, and judges.

Jurors

When it comes to jurors, lawyers can conduct searches of prospective juror socials media sites, but there can be no communication between the two.  This includes: friend requests on Facebook, subscribing to their Twitter feeds, sending them tweets or direct messages, and sending LinkedIn requests.  

Judges

State opinions vary when it comes to interacting with judges on social media sites.  In some states, judges and lawyers who may appear before each other in court may not "friend" each other on social networking sites.  This could convey a message that the judge could be influenced.  Other states allow "friending" as long as the communications do not violate any rules. 

*Please check your local state's rules regarding social media policy.