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Lawyers should inquire about a witness’ social media presence

There is a current discussion about a lawyer’s obligation or responsibility to make inquiries into a witness’ social media pages, and the information contained therein. I don’t think anyone is suggesting that the information is not discoverable.  But, the Philadelphia Bar has opined in its Professional Guidance Committee Opinion 2009-02 (March 2009) that deceit sanctioned by or authorized by the lawyer to get the information is not permitted.

 

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