Proposed Florida Advisory Opinion Would Allow Attorneys to Advise Clients to Clean Up Social Media before Litigation Starts

In this post in the Cozen O’Conner, Cyber Law Monitor, Joseph F. Rich provides the highlights of the Proposed Advisory Opinion 14-1, issued by the Professional Ethics Committee of the Florida Bar on January 23, 2015. The author reports that the Committee found that “a lawyer may advise the client pre-litigation to remove information from a social media page, regardless of its relevance to a reasonably foreseeable proceeding.” According to the author, the Committee indicated that advising clients to clean up social media is allowed only if removing the information does not violate” substantive law regarding preservation and/or spoliation of evidence.” Additionally, Mr. Rich notes that the Proposed Advisory Opinion requires that if an attorney advises his or her client to clean up social media pre-litigation, it is necessary to retain a record of the deleted social media information if an attorney anticipates that it may be relevant to a foreseeable proceeding.

Read the full blog post here.

Read the full Advisory Opinion here.

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