Monthly Archives: November 2010

“Friendship” by trickery

Whether a lawyer may use trickery to “friend” an adverse party or witness in order to gain access to information has been considered by several local bar organizations.  A recent ABA Journal article discusses those cases (several mentioned in earlier posts on this blog).  The emerging rule is that lawyers may view the public information on Facebook or other social media sites of adverse parties and witnesses.  However, they may not use deception to gain access to the private information only available to “friends” of the party or witness.


Cancun Climate Change Conference Begins Today Nov. 29th

Nations from around the world meet today through December 10th in Cancun, Mexico, to discuss changes to UN Framework Convention on Climate Change.  The meeting in Cancun is the 16th meeting of the Conference of the Parties (COP).  The text of the Framework Convention is located here:

The official UN web site for the Cancun meeting is here:

The web site for the Cancun meeting (COP 16) maintained by the government of Mexico is here:


Kentucky may regulate lawyers’ use of social media

The magic 8-ball has spoken.  It’s the wave of the future.  Lawyers will use social media to solicit potential clients.  Bar associations will seek to regulate the content of social media solicitations just as they regulate advertising elsewhere.  The Kentucky Bar apparently is the first state bar to propose a specific regulation targeting Facebook and the like.  Solicitations through social media would be prohibited unless lawyers pay a $75 filing fee and permit regulation by the bar’s Advertising Commission.  See this recent ABA Journal article and the source article from the Louisville Courier-Journal.  And see my previous post on this issue here: Ethical use of social media.


Baggy Pants Blues: Fashion Fad Immortalized in Reporter System

Consider the officers who, while investigating a suspected drug deal, order a suspect from a vehicle, only to have the suspect’s saggy pants fall down. What to do? Should the officers tell the suspect to pull up his pants, and risk giving him access to a weapon if the pants contain one? Should they ignore the state of the pants and proceed with the investigation? Should they pull up the pants for the suspect and, if so, does that constitute a search? Read all about it in State v. Wiggins, 788 N.W.2d 509 (2010). Use the citation information to locate the case in print or use the citation or party names to locate it with your favorite search engine.

Online scheduler – an online tool for your conferences

Everyone has busy schedules these days. It seems that  it is impossible to coordinate meetings.  If you are trying to schedule a phone conference or meeting with several people from different parts of the country or different cities, then consider using an online conference scheduler. They are simple, easy to use, free, and an effective way to coordinate meetings. There are many available, but three that are very good, popular, and free are Meeting Wizard (, Doodle (, and Schedule Once (  All three operate along the same basic principles. They act as a survey and allow the invitees to pick a series of times and days when they are available. The sites maintain a compilation in a chart format. When all invitees have responded, the meeting sponsor will have a master chart of the times when people are available. It is a simple tool to allow you to schedule your conference.  All of the sites mentioned have an upgrade that charges a fee with additional services offered but the basic package works well for most people. (Post-David)