Another Facebook related ethics opinion from another New York Bar association. I posted a week ago about the New York State Bar opinion that stated lawyers can access public Facebook pages for purposes of obtaining evidence.
Now the New York City Bar has weighed in on a related matter and says that a lawyer can send a “friend” request to an unrepresented party if they explain who they are and what they are looking for. Doing so through “deception” is not allowed.
While the context of this opinion is that the “friend” request is search of information for a particular matter, it does invite the question, can an attorney send a “friend” request to a potential client asking if they need or want representation? Wouldn’t that be considered solicitation?