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.”

 

Defamation
What is the Proper Venue for an Alleged Defamatory Facebook Post in Florida? (James Lowery III v. Shane McBee)

A Martin County resident alleged posted a defamatory Facebook post which was read by a third party in neighboring Palm Beach County. Where is the proper venue? According to James Cullen Lowery, III v. Shane McBee, Florida’s Fourth District Court of Appeal held that “there was no“injury” to Plaintiff until …

1st Amendment
Florida Statute Criminalizes School Shooting & Bombing Threats – How Does Law Enforcement Locate People Who Post Online Threats? (O.P-G. v. Florida)

Two days after the Parkland School shooting in Broward County, a middle school student twenty miles away in Miami Lakes, Florida decided to post on YouTube the following: “I[’]m going to shoot my school in [F]lorida[.] [I’]m only 13[.] I got bull[ied] and [I’]m getting my revenge with my guns[.] …

Data Breach
Christopher Hopkins Discusses Cybersecurity & Technology for Lawyers At Law Firm Leaders Summit

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