Can a lawyer poke a judge on Facebook? Twitter from the courtroom? Can judges and lawyers be "friends"?
The dilemmas posed by social networking sites could open up a whole new chapter in rule making for legal professionals. So far, there are very few formal rules for Canadian judges and lawyers to govern Facebook, Twitter and other such websites. But of course the long-established rules governing the conduct of lawyers and judges still apply.
The Canadian Judicial Council, which governs the behaviour of superior-court judges, recently published a paper explaining Facebook and Twitter in simple terms. It advises judges to use it "judiciously" but does not ban them from setting up accounts.
"Facebook is not only for the young and hip," the paper reads. "It can also be quite enjoyable for a judge who wants to connect with family members, see photos of children or grandchildren and keep up with classmates from high school."
The Canadian Bar Association recently released new guidelines for lawyers on advertising, including using social media. The document warns lawyers that the normal rules apply, and warns that Twitter and Facebook pose special dangers.
In the United States, the issue has received more attention. Florida's judicial ethics committee last year recommended that judges refrain from "friending" lawyers who appear before them, to avoid giving the impression they have special status.
The U.S. Judicial Conference recently issued federal judges with new guidelines on instructions to juries. The guidelines suggest warning jurors that they cannot "communicate with anyone about the case on your cellphone, through e-mail, Blackberry, iPhone, text messaging, or on Twitter, through any blog or website, through any Internet chat room, or by way of any other social networking websites, including Facebook, MySpace, LinkedIn and YouTube."