the florida bar is NOT your facebook friend.

[patrick]

Nearly half of all employers poke around online before hiring. That might range from a simple google search to detailed and thorough background checks by professional online providers. That relatively common knowledge can also be disquieting in light of internet archiving projects like the Wayback Machine or Google Cache. 

The Florida Bar has taken it to the next level. Specifically, The Florida Bar considered and came very close to requiring all would-be lawyers to submit to their Facebook profiles as part of its moral character and fitness evaluation.  The final decision, which came only after months of study, was to require submission on a case-by-case basis because — hold the phones! —  they realized that applicants would delete unsavory friends or images prior to submission.  Apparently they realize the effort is doomed to failure, but cannot bring themselves to surrender the power to poke around.

To quote from another blogger, "let's briefly rehash why this is not okay":

1.  The Florida Bar will have access to information it could never legally ask for (e.g., sexual orientation, religions affiliation, etc.).  The policy welcomes itself to all sorts of discrimination.

2.  The Bar asks applicants for their identity and password, which give the Bar access not only to applicants' personal information, but to the personal, private information of their friends as well.  Applicants' Facebook friends never signed up, and never intended, to have their personal information shared with the Florida Bar.

3.  The Facebook terms of use prohibit the very behavior in which the Florida Bar seeks to engage.

To be fair to the Florida Bar, a hard-line observation seems reasonable: anyone foolish enough to broadcast (or dumb enough not to remove) images of themselves nude, drunk, or high, exhibits prima facie evidence of ineligibility to represent clients. 

But to be fair to applicants, one ought also take note of a common social phenomenon (and prerequisite to the practice of law) called "college." 

Consider, for example, that events described in President Obama's autobiography had taken place in the Facebook age. I don't think it's entirely off the wall to say he is a wiser President for his experience, nor do I think it is unreasonable to think an attorney with 'real life experience' might better serve the client interests. 

One thing the Florida bar has not made clear is to what extent an embarrassing or incriminating Facebok photo could actually prevent an applicant from sitting for the bar.  That is to say, I have not been able to locate any concrete standard by which an unsavory Facebook profile, if investigated, will be evaluated.  Facebook information is notoriously hard to eliminate and even a good faith effort by a perfectly qualified applicant could be thwarted by the sheer difficulty that removing a full-fledged profile requires.  

I believe state bar examiners should let this one go, but at a minimum, there ought to be a way to explain away or justify the "experiences" from an applicants past.

Comments

[Legal guy]

This is absolutely absurd that they would contemplate doing such a thing as this. But, on another note, any student who thinks that employers are not looking at social media profiles are dead wrong. The first thing they do is Google someone.

[chanel j12 watch replica]

A true friend is forever a friend.They are with friends -- the people with whom we often share our deepest thoughts.

[Dan Walsh]

http://www.attorneydianepaull.com/

http://www.timesleader.com/news/hottopics/judges

[No Deposit Poker Bankroll]

Hello My first time here... glad I found your blog. Have a nice day.

[Devremülk]

i like to read your posts. thanks for this one.

[bridesmaiddresses]

Do not get your girls wear a plain white bridesmaid dress on stage in order to avoid distracting.
http://www.weddingdressmart.com

[Poker without deposit]

I really impressed after read this because of some quality work and informative thoughts . I just wanna say thanks for the writer and wish you all the best for coming!

[Free Poker]

Usually I don't learn article on blogs, however I wish to say that this write-up very pressured me to check out and do it! Your writing style has been amazed me. Thanks, very great post.

[Chaussures UGG]

is for a limited time; there is no guarantee that you will be able to renew it.

[wholesale jerseys]

The firing came hours after ESPN reported it had an audio recording of a 2002 conversation between Davis and Fine's wife Laurie in which she said she knew about the alleged molestation but felt unable to stop it.