First DCA Finds Facebook Posts by Florida Lawyer about Trial to be “Outside the Bounds of Professional Conduct”

Evidence

The case of David Edward Boyles v. Dillard’s, Inc. from Florida’s First District Court of Appeal is a mixed bag of issues involving Daubert, evidence, voir dire, closing argument, and alleged attorney misconduct during trial.

Notable, from a legal/technology standpoint, is this somewhat cryptic final sentences from the Opinion about counsel’s Facebook activities:

“We hasten to add that plaintiff’s counsel did not exit these proceedings with clean hands either.  We decline to enter into a discussion of ‘who started it’ but we note that… postings by plaintiff’s counsel on his own public Facebook page — which included commentary on the proceedings and the evidence and the derogatory references to one of defendant’s attorneys — were well outside the bounds of professional conduct to which members of our profession are expected to adhere.”

 

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