Discovery of Facebook Content in Florida Cases

At least two Florida courts have issued orders permitting the discovery of Facebook content in civil actions (one is here).  This has been the subject of orders, appeals, and articles around the country.

But how exactly do you pursue social media discovery (or, conversely, protect your client from it?).

Discovery of Facebook Content in Florida Cases”  is the first article with specific examples and explanations.  It also may be enlightening for counsel who are not involved in litigation.

The article appears in the Trial Advocate Quarterly Spring 2012 edition, published by the Florida Defense Lawyers Association.  Authors are Christopher Hopkins and Tracy Segal.

Privacy
Don’t Let LinkedIn Follow You Around the Internet (and other privacy settings)

Have you checked your LinkedIn privacy settings? Don’t be fooled with a “I barely even used LinkedIn” attitude. Take 2 minutes. From the article below, here are the key steps: [easier if you have two screens, keep this open and then open your LinkedIn account on your second screen] 1. …

Ethics
Florida Supreme Court Allows Judges to be Facebook Friends With Lawyers But Four Justices Disagree With the Practice (“I write to strongly urge judges not to participate in Facebook”)

The Florida Supreme Court resolved a conflict between two intermediate appellate courts when it determined that a judge-lawyer “Facebook friend” relationship, alone, was not enough to warrant recusal of the judge.  The Court deemed its position was the majority position around the country.  However, four justices noted that caution, if …

E-discovery
Christopher Hopkins Discusses Social Media Discovery in 2018 at Palm Beach Bar Association

Special thanks to the Palm Beach Bar Association for inviting me to speak at the CLE, “How to Get Your Claim Move-In Ready for Trial.” Space is still available and you can sign up here. My small portion of the event was to discuss Florida social media discovery as well …