Litigation Ethics in the Social Media Age

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Icon About This Course

In accordance with ABA Model Rule 1.1, comment 8, regarding “maintaining competence”, attorneys are obligated to understand and remain aware of the benefits and risks of social media while representing clients. Attend this program and learn about the various ethical implications that social media can have on your clients and legal practice.

This is an Ethics course with a concentration in Litigation; however, attorneys from any level of practice and field of law would benefit from attending.

Learning Objectives:

  • Evaluate pre-litigation investigations concerning adverse parties
  • Examine the impacts of ABA Model Rules 4.2, 4.3 and 8.4 on pre-litigation investigations
  • Delineate proper practices for attorneys when contacting former employees
  • Explore witness compensation, including the impacts from various case laws and ABA Formal Opinion No. 96-402
  • Apply the discovery rules to Social Media, as well as attorney obligations under ABA Model Rule 1.1
  • Assess the official proceedings of using Social Media to communicate case statuses and results, including ABA Model Rule 4.1, Model Rule 1.6(a) and ABA Formal Opinion 10-457
  • Discover jury and judicial research, before and during trial, including the impacts of ABA Model Rule 3.5 and ABA Formal Opinion 466
  • Investigate jury misconduct, including virtual misconduct

About the Presenters

Ralph J. Gabric, Esq.


Practice Area: Commercial / Consumer Law

Ralph is a trial lawyer with over 30 years of experience representing clients as lead counsel in bench and jury trials around the country.  Ralph’s practices includes a broad range of technologies including pharmaceuticals, software, medical devices, communication networks, cellular telephony, automotive, infrared cameras, electronic cigarettes, and various internet-based technologies.  He has also acted as lead counsel in post-grant review proceedings before the PTAB and before the U.S. Court of Appeals for the Federal Circuit.Ralph has been recognized in Best Lawyers in America, the IAM Patent 1000, Chambers USA, and Euromoney’s Expert Guide to the World’s Leading Patent Law Practitioners, ...

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Julianne Hartzell, Esq.

Marshall, Gerstein & Borun

Practice Area: Intellectual Property

Julianne Hartzell is a trial lawyer with significant experience in intellectual property litigation, including cases involving patent, trademark, copyright and trade secret. She also has experience enforcing covenants not-to-compete and confidentiality agreements. She represents clients in arbitration, mediation, district court litigation, appellate proceedings, and before the TTAB and PTAB.Julianne has completed the American Arbitration Association’s 40 hour mediator training and is available to mediate disputes.In addition to her leadership role as the Chair of the Firm's Medical Devices practice, Julianne is a recognized leader in the legal and business communities by, among others:America’s 100 Top High Stakes Litigators® (2018-2021)Litigation Trailblazers ...

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John D. Gilleland, Esq.

Magna Legal Services

Practice Area: Trial (+ 1 other areas)

SPECIALIZED PROFESSIONAL COMPETENCE Qualitative and quantitative jury research methods Development and implementation of persuasive communication strategies Opening and closing statement analysis Witness and attorney evaluation and preparation EXPERTISE Social psychology Experimental research methods Survey methodology EXPERIENCE 34 years of full-time jury consulting, with an emphasis on conducting empirical research. Consulted on hundreds of civil and criminal cases in both state and federal courts.Participated in more than 1500 qualitative surrogate juror exercises and more than 350 jury selections.PROFESSIONAL EXPERIENCE 2019 – Present   Senior Jury Consultant, Magna Legal Services, Chicago 2014 – 2019   Vice President, DecisionQuest, Chicago 2004 – 2014   Senior Jury Consultant, TrialGraphix, Chicago 1997 – 2004   Director of Research, DecisionQuest, Chicago1996 – 1997   Director of ...

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