These are the hypothetical scenarios I used to facilitate discussion of the ethics of social media and email at the 2023 Cal-APABA Conference.

  1. The Email
  2. The Investigation
  3. The Lifeline
  4. The Big Win
  5. The Complaint

The hypos came from an earlier presentation on the same subject. The original presentation slides are [here]](

The overarching principles and authorities are:


An attorney must maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client. (Bus. Prof. Code, § 6068(e)(1); Rules of Professional Conduct, rule 1.6.)


A communication that offers legal services cannot be false, misleading, or confusing, and must indicate clearly that it is an offer for legal services. (Rules of Professional Conduct, rules 7.1, 7.3.)


An attorney must ensure staff meets ethical standards. (Rules of Professional Conduct, rule 5.3.)

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