Electronic Discovery and the Use of Social Media in a Family-Law ...

Where did the Client Get This?
� Florida Ethics Opinion advises:
� Discuss situation with client
� If possible criminal act, have client get advice from
criminal lawyer (if you don’t practice criminal law)
� Tell the client you’re subject to disqualification with the
court for reviewing materials improperly obtained (see,
e.g., Maldonado v. New Jersey, Admin. Office of the
Courts – Probation Div., 225 F.R.D. 120 (D.N.J. 2004))
� Advise client of possible sanction or civil or criminal
penalties against him or her
� Inform client that materials cannot be retained,
reviewed, or used without disclosure
� If client refuses consent, look at withdrawal rules