Question: Dan Townshend represents James McDonald who is on trial for

Dan Townshend represents James McDonald, who is on trial for the murder of his brother-in-law. Jana Correa was a witness to the incident and testified at a deposition that she saw James running from the scene of the crime with a gun in his hand.
During the deposition, Jana revealed that she had Facebook and Twitter accounts. Dan wanted access to Jana’s Facebook account so that he might learn some information about Jana that would discredit her as a witness in the case. He also wanted to learn of any information she might post on her Facebook page about the incident. However, Dan knew that Jana would not give him access to her Facebook page. Therefore he asked his paralegal, Vivienne, to make contact with Jana and submit a friend request to her to gain access to her Facebook page. He was certain that Jana did not know that Vivienne worked for him and was sure that Vivienne would not reveal that information. He did not want Vivienne to post any false information, but wanted Vivienne to discover some personal information about Jana that could impeach her testimony at trial.
a. Is there any ethical problems with the above? Why or why not?

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  • CreatedFebruary 12, 2015
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