The ethics surrounding lawyers Facebook friending people in connection with litigation

Can a plaintiff's lawyer "friend" on Facebook high-ranking executives of a company he is suing and who he believes are dissatisfied with their jobs (therefore likely to make disparaging comments about their employer on FB)? No, not according to Ethics Opinion No. 2011-2 of the San Diego County Bar Legal Ethics Committeeissued on May 24. Why? It is a communication to a represented party and is motivated by a desire for information. Thus, it is a prohibited ex parte contact. What about a lay witness who is not a represented party?  That, too, is prohibited. Why? Under ABA Model Rule 4.1(a) lawyers may not in the course of representing a client make a false statement of material fact to a third person, and under Model Rule 8.4(c) may not engage in conduct involving deceit or misrepresentation. Bottom line according to the ethics opinion: It is “impermissible deception to seek to friend a witness without disclosing the purpose of the friend request. . . .” As the opinion relates, no party, represented or not, needs these kinds of friends. The opinion cites numerous other ethics opinions from around the country, as well as case law. It's a treasure trove of information.