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ARTICLE · 10 JANUARY 2014

Cleaning Up Your Facebook

Goldman Judin Inc.
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As existing clients, and potential clients, are furiously tweeting and posting online, it is important for all litigators to understand that those tweets and posts are discoverable in litigation, often with disastrous consequences.

South AfricaMedia, Telecoms, IT, Entertainment
Michael Judin
Michael Judin

As existing clients, and potential clients, are furiously tweeting and posting online, it is important for all litigators to understand that those tweets and posts are discoverable in litigation, often with disastrous consequences.

In an interesting article written by US attorney Cynthia A Augello under the rubric When Cleaning up your Facebook can lead to Dirty Consequences, the article states that "In preparation for trial, a lawyer might advise a client to dress or act a certain way in order to improve his or her appearance in the court room. For instance, a lawyer might advise a client to appear in court wearing business attire as opposed to sweatpants; or maybe, tell a client to remove all non-traditional piercings. This sort of cleaning up is a legally permissible way to positively alter the appearance of the client. However, there does come a point when an attorney's advisement to have a client appear representable could actually result a violation of the

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