Many of us use Facebook, MySpace and Twitter to keep up with friends and their activities. But one attorney’s plan to “keep friends close and enemies closer,” was recently deemed unethical by the Philadelphia Bar Association.

 

The attorney inquired as to whether it would be considered ethical to have a third party “friend” a witness for the opposition. Facebook and MySpace accounts, typically used to share activities and personal details with friends, sometimes require permission from the site’s owner to view. During the witness’s deposition, she disclosed that she maintained these accounts. The attorney had reason to believe the witness’s pages may contain information that could be used to impeach her testimony at trial, but feared that his friend request would be denied. The attorney was considering having a non-attorney associate send the friend request.

 

The Professional Guidance Committee of the Philadelphia Bar Association issued an opinion concluding that it would be deceptive if the attorney used a third party to “friend” the witness, citing Rules 8.4 and 5.3 of the Pennsylvania Rules of Professional Conduct.

Rule 8.4 (c) states that it is considered misconduct to “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.” Rule 5.3 relates to an attorney’s responsibility for the conduct of a non-lawyer associated with the attorney, stating essentially that the attorney is “responsible for the conduct under the Rules even if he is not himself engaging in the actual conduct that may violate a rule.”