Surreptitious Use of Facebook Unethical

Secretly using Facebook to interview witnesses is unethical, according to a Philadelphia Bar Ass'n Opinion. A witness revealed she had a Facebook page during a deposition. Rather than compel production via subpoena, the lawyer had someone surreptiously contact the witness through Facebook to gain access to her information. Philly Bar Ass'n says surreptious contact violates the ethics rules.

Here is the ABA Journal article, http://www.abajournal.com/weekly/attorney_cant_ask_3rd_party_to_friend_witness_on_facebookand

and here is the opinion. http://www.philadelphiabar.org/WebObjects/PBAReadOnly.woa/Contents/WebServerResources/CMSResources/Opinion_2009-2.pdf