Misrepresentation by a lawyer or her agent on MySpace to get access to a private account is unethical.
The Philadelphia Bar Association’s Professional Guidance Committee recently addressed the ethics of this strategem, cautioning that it is unethical for an attorney to use a third party to “friend” a Facebook user who is a litigation witness for purposes of obtaining information that the attorney might use to impeach the witness.
Judge Reprimanded for Friending Lawyer and Googling Litigant
Can a lawyer in City A go to Facebook and change the regional network that she lists on her personal Facebook account from City A where she lives and works as an attorney to City B in order to investigate a witness or opposing party who lives in City B?
Admissibility of evidence gathered on social networking profiles in court.
Guidelines for Ethical Marketing Practices
Using New Information Technologies
Prepared by the
Ethics and Professional Responsibility Committee
Canadian Bar Association
"Pretexting, Legal Ethics and Social Networking Sites"
"20 Must-Read Articles on Social Media Ethics for Lawyers and Judges"