Florida Bar proposed advisory opinion states that a lawyer may advise a client to remove information from social media pages before litigation

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Hello everyone and welcome to this Ethics Alert which will discuss the recent proposed Florida Bar ethics advisory opinion which finds that, inter alia, lawyers may ethically advise clients to “clean up” social media pages in anticipation of litigation “to remove embarrassing information that the lawyer believes is not material to the litigation matter”. The proposed advisory opinion is The Florida Bar Proposed Advisory Op. 14-1 (January 23, 2015) and the opinion is online here: http://www.floridabar.org/DIVEXE/RRTFBResources.nsf/Attachments/8E73C71636D8C23785257DD9006E5816/$FILE/14-01%20PAO.pdf?OpenElement=

The Professional Ethics Committee of The Florida Bar voted on January 23, 2015 to approve proposed Bar Advisory Opinion 14-1, which states: “(p)rovided that there is no violation of the rules or substantive law pertaining to the preservation and/or spoliation of evidence, a lawyer also may advise that a client remove information relevant to the foreseeable proceeding from social media pages as long as an appropriate record of the social media information or data…

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