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.”

 

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 …