In response to the cloud of uncertainty surrounding the extent to which attorneys may counsel clients regarding their social media accounts, the Florida Bar’s professional ethics committee recently opined on the issue.
Proposed Advisory Opinion 14-1 confirms that attorneys may advise clients to increase privacy settings to the highest level (concealing content from public eye), and prelitigation to remove content relevant to the foreseeable proceeding so long as an appropriate record was maintained (e.g., data preservation) and no rules regarding preservation and-or spoliation of evidence were broken.
