Philadelphia Bar Association Opinion 2014-5
Professional Guidance Committee
The Philadelphia Bar Association issued an advisory opinion on advising clients on the use of Social Media.
The opinion concerned the following issues: (i) whether a lawyer may advice a client to change privacy settings on her Facebook page; (ii) whether a lawyer may instruct a client to remove damaging material from her Facebook page; (iii) whether a lawyer must produce, if requested, copy of client’s material that was not previously printed; (iv) whether a lawyer must produce copy of material posted by a third person on her client’s Facebook page.
Conclusion from the opinion:
“When dealing with a client’s use of social media, the Rules apply to electronic information in the same way they apply to other forms of information. However, because social media website change frequently, certain unique situations arise. A lawyer may advise a client about how to manage the content of the client’s social media account, including the account’s privacy settings. However, a lawyer may not advise a client to delete or destroy any information that has potential evidentiary value. Finally, in order to comply with a Request for Production, a lawyer must provide all information that the client has posted if the lawyer is aware that the information exists”.
The full text is available at http://www.philadelphiabar…
Relevant Law: Pennsylvania Rules of Professional Conduct: 1.1, 3.3, 3.4, 4.1, 8.4
Mentioned Authorities:
- McMillen v Hummingbird Speedway, Inc., No. 113-2010 CD (PaCt.Com.Ol. Jefferson County 2010)
- Romano v. Steelcase Inc (2010 NY Slip Op 20388)
- Trail v. Lesko, No. GD-10-017249 (Pa.Ct.Com.Pl. Allegheny County 2010)
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