Ethical Considerations for Blog-Related Discovery

摘要

While formal discovery of blog-related information will inevitably increase as litigants and courts recognize the value of tapping into this new source of information, lawyers should proceed with caution in using blogs as a source of informal discovery about adverse parties and their claims. At the very least, lawyers should avoid initiating posts likely to be reviewed and responded to by represented parties and should always make their identity and connection to the matter at issue clear in all of their online communications.