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Proposed Advisory Opinions


Proposed Advisory Opinion 12-4 Final
Florida Ethics Opinion
12-4 is now final.

Proposed Advisory Opinion 14-1 Considered
The Professional Ethics Committee voted on January 24, 2014, to consider adopting a proposed advisory opinion regarding the issue of lawyers advising clients to "clean up" their social media pages pre-litigation. The 4 questions to be addressed are as follows: 1) Pre-litigation, may a lawyer advise a client to remove posts, photos, videos, and information from social media pages/accounts that are related directly to the incident for which the lawyer is retained; 2) Pre-litigation, may a lawyer advise a client to remove posts, photos, videos, and information from social media pages/accounts that are not related directly to the incident for which the lawyer is retained; 3) Pre-litigation, may a lawyer advise a client to change social media pages/accounts privacy settings to remove the pages/accounts from public view; and 4) Pre-litigation, must a lawyer advise a client not to remove posts, photos, videos and information whether or not directly related to the litigation if the lawyer has advised the client to set privacy settings to not allow public access? Pursuant to Rule 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the issue. No draft of the opinion is available at this time. The committee will consider any comments received at a meeting which will be scheduled at a later date. Comments must contain the proposed advisory opinion number and clearly state the issues for the committee to consider. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300.

Florida Ethics Opinion 87-11 Reconsidered
The Professional Ethics Committee voted on January 24, 2014, to reconsider Florida Ethics Opinion 87-11 to address changes to Rule of Judicial Administration 2.515 regarding electronic signatures. Pursuant to Rule 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the issue. No draft of the opinion is available at this time. The committee will consider any comments received at a meeting which will be scheduled at a later date. Comments must contain the proposed advisory opinion number and clearly state the issues for the committee to consider. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300.

[Revised: 03-12-2014]