Despite a slew of ethics opinions and high-profile sanctions on everything from contacting represented parties via Facebook to instructing clients to delete damaging online content, attorneys are still getting into trouble resulting from their misuse of social media. In the past six months alone, lawyers all over the country have experienced Facebook fumbles and Twitter misfires leading to public embarrassment, firing, and even disbarment.

On Oct. 28, Vincent “Trace” Schmeltz, a partner at Barnes and Thornburg’s Chicago office, was observing the “spoofing” trial of accused futures trader Michael Coscia in U.S. District Judge Harry Leinenweber’s Chicago courtroom. While there, Schmeltz took photos of some of the evidence, and sent at least nine tweets about them from his Twitter account, including such tweets as “Prosecutor trying to impeach algo with this email. #HFT #cosciatrial,” and “Screenshot of ‘QuoteTrader,’ the allegedly spoofing algo used by Michael Coscia. #cosciatrial #HFT.” Schmeltz’s actions were spotted by an FBI special agent in the courtroom. Schmeltz didn’t notice the agent, or for that matter the large 4-foot-tall sign posted near the courtroom’s door that said “PHOTOGRAPHING, RECORDING OR BROADCASTING IS PROHIBITED.” Schmeltz was ordered to appear before U.S. District Court Chief Judge Ruben Castillo for a show cause hearing to explain why he shouldn’t be sanctioned for violating Federal Rule of Criminal Procedure 53, as well as the court’s local rules banning photography and use of handheld devices in the courtroom. The court ordered Schmeltz to pay $5,000 to the Chicago Bar Foundation, do 50 hours of pro bono work, and attend a seminar on social media and legal ethics.

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