The Dangerous Intersection of Ethics and Social Media in Criminal Defense
This CLE program explores the ethical and legal dimensions of social media use in criminal defense practice, emphasizing the profound impact that digital behavior can have on case outcomes and attorney responsibilities. The presentation walks through how seemingly innocuous actions—such as “liking” a post—can be interpreted as professional endorsements, public commentary, or even violations of confidentiality. It highlights common pitfalls that can lead to disciplinary issues or harm a client’s defense and provides concrete examples of where lines have been crossed.
Criminal defense attorneys will benefit from clear guidance on how to navigate the murky intersections of ethics rules (such as ABA Model Rule 1.6 on confidentiality and Rule 3.6 on trial publicity) with evolving social media norms. The outline addresses both attorney and client use of platforms like Facebook, Instagram, and LinkedIn, and how public digital footprints can unintentionally create evidentiary vulnerabilities or jeopardize attorney-client privilege.
Viewers will gain strategies for advising clients on responsible social media behavior during a criminal case, managing their own professional presence online, and avoiding improper contact with witnesses, judges, or jurors via social networks. This training is essential for any criminal defense lawyer seeking to protect their practice, preserve their client’s rights, and stay current on digital-age ethics.
Chris Van Wagner is one of the oldest living Wisconsin criminal defense attorneys. He has fooled bar examiners for 40+ years. His hair and his NJ edge are real, but he has begun to sound like a damn cheesehead. He’s effectively been a solo criminal defense lawyer for 30 years, after stints as both state (NJ) and federal (WI) prosecutor. His passion is defending serious federal and state crimes, and he pays the rent with OWI fees. He is most at home in a criminal jury trial or along the rural Wisconsin River, with his wife, grands and de facto rescue pit bull hotel. He uses bad humor, decent writing, hard work and mild profanity to persuade and cajole. He eschews sleep and guzzles strong java. He plans to defend his last jury 2 weeks after his own rowdy Irish wake.
CLE State Accreditation
- Ethics 1.00
- Ethics CLE-HI: 1.00
- Ethics CLE-SD: 1.00
- Ethics CLE-NY: 1.20
- Ethics CLE-CA: 1.00
- Ethics CLE-IL: 1.00
- Ethics CLE-AK: 1.00
- Ethics CLE-MD: 1.00
- Ethics CLE-MA: 1.00
- Ethics CLE-DC: 1.00
- Ethics CLE-ND: 1.00
- Ethics CLE-OR: 1.00
- Ethics CLE-WA: 1.00
- Ethics CLE-CT: 1.00
- Ethics CLE-NH: 1.00
- Ethics CLE-FL: 1.20
- Ethics CLE-VI: 1.00
- Ethics CLE-AZ: 1.00
CLE State Accreditation:
- Ethics 1.00
- Ethics CLE-HI: 1.00
- Ethics CLE-SD: 1.00
- Ethics CLE-NY: 1.20
- Ethics CLE-CA: 1.00
- Ethics CLE-IL: 1.00
- Ethics CLE-AK: 1.00
- Ethics CLE-MD: 1.00
- Ethics CLE-MA: 1.00
- Ethics CLE-DC: 1.00
- Ethics CLE-ND: 1.00
- Ethics CLE-OR: 1.00
- Ethics CLE-WA: 1.00
- Ethics CLE-CT: 1.00
- Ethics CLE-NH: 1.00
- Ethics CLE-FL: 1.20
- Ethics CLE-VI: 1.00
- Ethics CLE-AZ: 1.00