Attorney Fee Contract Addendum — Social Media and Blogging | Attorney Fee Agreements & Forms

The success that [I][we][the Firm] achieve may depend in large measure on a client’s personal credibility, appeal, appearance, and integrity by those who may be in a position to review those characteristics, including judges, hearing examiners, opposing counsel, and potential jurors.   The amount of information which appears online may dramatically influence those judgments.   Lawyers are additionally under a duty not to destroy existing evidence, nor counsel you to impermissibly change your presence except in permissible ways.

Therefore, during the firm’s representation of you, it is likely that we will review, with your assistance, your social media presence, which will include any and all of the following:

• Personal and/or business websites
• Professional profile accounts, such as Linked In
• Facebook accounts for you and any close family member
• Any internet blog or writings
• Active or recent Messaging apps including Twitter, Snapchat, Youtube, or other;
• Other social, professional or membership where you have an internet presence.

Our goal in this review is to effect permissible options, such as increasing privacy options, to remove items, such as certain photos, or albums, or postings which may reflect poorly on your judgment, or may be misconstrued by the viewer. Under no circumstances may you or the firm take a false position that those postings did not exist, nor take steps to permanently destroy such pre-existing evidence.

In certain situations, our advice may be to discontinue an account completely during this legal matter. Be aware that everything you post may be used against you, and your most regrettable post will be the one people often remember.

1) Immediate steps:

1. Change passwords on all accounts (including email accounts) to strengthen them against hacking or unauthorized access. Do not share your new passwords with anyone, including family members.
2. Never post anything on-line about this case, including events, advice, your feelings or frustrations, or the feelings of other family members. All such postings are fodder for opposing parties.
3. You shall advise your family members, associates, friends and other advisors who have an active social media presence not to post anything reflecting this matter, or your feelings or emotions expressed to them, as every negative inference will be held against you.
4. Never post financial information or communications with your attorneys or forward emails from our office to any third party, as that will risk destroying the legally privileged nature of such attorney-client communication.

2) Communication from Third Parties:

Be especially wary of contacts from unknown people, especially those sending attachments which might contain malware.   If you are in doubt, deleting the incoming email completely is the safest route. Often, investigators will attempt to establish contact which may be used to influence or reveal your positions, opinions or feelings. Resist such communications.

3) Blogging

If you are required to post a blog as part of a business, follow these same instructions: never mention your case, its progress, communications or advice, or your personal sentiments. If you are not required to blog, consider greatly reducing entries, as again, your entries can be misconstrued or taken out of context in a way which damages your credibility.

4) Posting in General

CLIENT: _________________________________

Date:   _______________________________