A Clean Slate or a Trip to the Disciplinary Board? Ethical Considerations in Advising Clients to 'Clean Up" Their Social Media Profiles

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Authors

Browning, John

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2015-09

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48

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4

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Journal Article

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FIRST PARAGRAPH(S)|It is a question that, sooner or later, most attorneys will have to confront: just how far can one go in advising a client about "cleaning up" his or her Facebook page or other social networking profiles? Regardless of one's area of practice, the ubiquitous nature of social media, combined with the dizzying array of personal information that is shared every day via social networking platforms and the increasing extent to which lawyers are mining this digital treasure trove of information, make it a critical aspect of the attorney-client relationship in the twenty-first century. Not only have entire cases been undermined by revelations from a party's Facebook page or Twitter account, but the social media missteps by attorneys and clients alike have resulted in spoliation findings and sanctions rulings in cases throughout the country...

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Creighton University School of Law

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