Can you sanitize your client's social media pre-litigation? Yes, but ....

Posted on 08-07-2015 by
Tags: social media , Labor & Employment Law , Trending News & Topics , Employment Law

As technology continues to play a greater role in our respective lives, it begs countless questions, such as the following:

May I “Clean Up” My Client’s Social Media Pages in Advance of Litigation?

According to Louisiana Legal Ethics, the question receives an answer of “yes, but…”.

So what’s the catch? – You can’t destroy any evidence.

The Florida Bar’s Professional Ethics Committee , noted in Prop. Adv. Op. 14-1 (Jan. 23.,2015) that:

a lawyer may advise a client to use the highest level of privacy setting on the client’s social media.

Additionally, they concluded:

“Provided 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 is preserved.”

The above opinion is similar with an opinion out of North Carolina which came to the same conclusion that said a lawyer may “advise a client to take down information on social media—if removal does not amount to spoliation of evidence1 and is not otherwise illegal.

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Posted on : 13 Aug 2015 4:36 PM

But, consider that if you provide input as to what to remove or change, you may become a witness in litigation.

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