The Florida Bar
Proposed Advisory Opinions
Proposed Advisory Opinion 14-1 Considered
The Professional Ethics Committee has appointed a subcommittee to draft 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. The committee will consider the subcommittee's draft (not available at this time) and any comments received at a meeting to be held at the bar's Winter Meeting at the Hilton Orlando in Lake Buena Vista. 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.
Proposed Advisory Opinion 87-11 (Reconsideration) Final