Legal Ethics and Social Media: What Pre-Litigation Advice May an Attorney Provide to His or Her Client?

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Cheri A. Budzynski

When meeting with your client about a matter that will likely result in litigation, what advice can you give your client about privacy settings and removal of information from social media in the pre-litigation setting?  The Florida Bar Professional Ethics Committee recently provided a proposed advisory opinion regarding this situation, wherein a Florida Bar member asked the following questions: Continue reading

Reviewing Social Media Use by Potential Jurors

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James Carnes

In a recent Federal Judicial Center survey of nearly 500 federal judges, 120 of those judges said they do not allow lawyers to conduct online research of prospective jurors during voir dire. One of the stated reasons for the prohibition was concern for the privacy of jurors. That prohibition could change in light of an American Bar Association (“ABA”) opinion that was issued after the survey. Continue reading