1. The Atlanta IP Inn of Court Pupilage Group 4 February 13, 2013

2. Maha Khalaj Thad Kodish William Long David Moreland Nicole Morris John Pratt Jeremy Spier Dana Stano George Thomas Ian Wasser Colin Wright Charley Brown Keith Broyles Chason Carroll Andrew Crain Ansley Evans Patrick Flinn Ann Fort Jonathan Goins Noah Graubart Laura Huffman Ginabeth Hutchison

3. What is Social Media?

4. Option 1: Privacy Shortcuts Option 2: Privacy Settings

12. The Managing Partner meets with Partner and Associate to discuss potential marketing pitch.

15. The team reports back to the Managing Partner on their Scrabulous investigation.

18. After the Scrabulous pitch…

19. “It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation” ABA Model Rule 8.4(c)

20. The Managing Partner meets with Human Resources to discuss employee monitoring using social media.

21. “It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation” ABA Model Rule 8.4(c)

22. The Managing Partner meets with Hiring Director to discuss a recent social media “incident.”

24. The Managing Partner meets with attorneys to discuss new social medial policy.

25. Attorney advertising rules Adopted information and endorsements South Caroline Ethics Advisory Op. 09-10 Testimonials ABA Model Rule 4.1 Specialties Georgia Rule 7.4 v. Model Rule 7.4(d) Confidential Information

26. Waiver of privilege Waiver of privilege Truthfulness Truthfulness Investigations on employee backgrounds Investigations on employee backgrounds Research on judges Research on judges New York Op No. 08-176 (2009): allowed New York Op No. 08-176 (2009): allowed South Caroline Op. No 17-2009 (2009): allowed South Caroline Op. No 17-2009 (2009): allowed Kentucky Op. No. JE-119 (2009): allowed Kentucky Op. No. JE-119 (2009): allowed Ohio Op. No. 2010-7 (2010): allowed Ohio Op. No. 2010-7 (2010): allowed Florida Op. No. 2009-7 (2009): Not Allowed Florida Op. No. 2009-7 (2009): Not Allowed

27. Investigations by “friending” – is it allowed? Philadelphia Bar Op. No. 2009-02 (2009) ABA Model Rules, including Rule 8.4 (c) Inadvertent legal advice Disclaimers

28. Conflicts of Interest Do you know who your “friends” are? Could there be an adverse interest? ABA Model/GRPC Rules 4.2 and 1.7

29. “A lawyer who is representing a client in a matter shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order.” GRPC Rule 4.2(a)

30. “A lawyer shall not represent or continue to represent a client if there is a significant risk that the lawyer's own interests or the lawyer's duties to another client, a former client, or a third person will materially and adversely affect the representation of the client ….” GRPC Rule 1.7(a)

31. Use of company time and resources Tone of communications Speaking on behalf of company Misuse of Intellectual Property Confidential information Insider trading Regulatory obligations FTC endorsement guidelines

32. Questions?

33. And the twitter feed(er) is … Colin Wright