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Your Duty To Preserve Includes Social Media

The most effective way to inform your clients of their duty to preserve is to include a detailed preservation provision in their retainer agreement

February 09

(press release: cdklawyers) // Dallas, Texas // Keith Clouse

Dallas employment lawyer Keith Clouse recommends lawyers talk with their clients about preserving their social media accounts. A party has a duty to preserve evidence that will be material and relevant to any claims at issue. This duty includes social networking platforms such as Facebook, Twitter and LinkedIn. Nowadays, social media is more likely to contain relevant information, which sometimes may be unfavorable to a client. Whether the information is embarrassing or simply personal, clients may alter or delete posts and comments without understanding the repercussions of their actions.

The most effective way to inform clients of their duty to preserve is to include a detailed preservation provision in their retainer agreement. Inform clients that altering or destroying evidence may result in monetary penalties and/or an adverse inference instruction to the jury. A preservation provision will not only advise your clients to preserve evidence, but it will also protect lawyers from being sanctioned if a client does not comply.

To speak to an employment law attorney about non-compete agreements, send an email to debra@clousedunn.com or call (214) 239-2705. This article is presented by the Dallas employment law lawyers at Clouse Dunn LLP.