Lawyers, beware! Your online behavior may get you into professional trouble.
Florida’s Atty. Sean Conway was issued a reprimand and a fine after calling a judge an “Evil, Unfair Witch” in his blog. Atty. Kristine A. Peshek of Illinois lost her 19-year job as assistant public defender after a complaint was filed against her for revealing confidential information and making rude comments about jurists and clients in her blog. Atty. Frank Wilson, meanwhile, received a 45-day suspension, paid $14,000 in legal fees and lost his job, after posting details online about a case for which he sat as a juror. (Click here to read the NY Times article)
Getting sanctioned for divulging confidential information is definitely fair and understandable, but for making comments online?! Whatever happened to freedom of speech? Granting freedom of speech has its limits, especially for lawyers with regard to criticizing the court, where do we draw the line between valid criticisms and those which deserve punishment? Is it just the language or should we also consider where the comment was posted (personal blog, online forum, social network site with access only to friends, etc.)? Also, if you posted using a username such that the public doesn’t know you’re a lawyer and you never made any online representations of being a lawyer, can a judge who knows your identity sanction you for your posts? Should lawyers be allowed to hide behind online anonymity and be an ordinary critic, not subject to the rules of the bar?
Suddenly, the world wide web doesn’t seem so wide anymore.
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