Social Networking and Your Lawsuit: A Risky Combustible Combination
When was the last time you checked your favorite social networking site to see if you received a new message or to catch up on a current friend’s information ten minutes ago? With 85% of all adults using the internet and 48% using social networking sites on a daily basis, you are definitely in the majority of Americans. (Pew Research Study/Aug.2012). Consider further that of the 88% of adults using cell phones daily, 55% of those adults are using their phones to go online and update social networking sites (Pew research Survey/April 2012).
People now make available for easy disclosure practically their entire life details and confessions online. Social networking technologies are forcing us to learn to navigate the murky waters between business and pleasure. This mixture creates a “Permanent Record” of each on social networking sites.
Now that you are in a legal dispute, how may this universal sharing of personal and business information affect you legally? A scary thought? YOU BET! With so much valuable and often sensitive information now available through these social sites, the discovered information could field devastating results in many court cases.
What we strongly warn our clients:
1. Almost everything you post on social networking sites can and likely will be used against you in a lawsuit.
2. Avoid making any comments concerning your lawsuit or the judicial system on any internet or social networking sites.
3. Do not make comments about your adversary. Even “positive” comments can be misconstrued or used out of context; it is a smart idea to stop all your activity on social networking sites until after your lawsuit is over or the dispute is resolved!
4. Provide your attorney a list of all social networking sites you are a member of along with their passwords.
5. Do not intentionally remove or delete any posts, photos, or videos from a social networking site that existed when your lawsuit was filed or if you are anticipating a lawsuit. Keep everything as it is! Obstruction or spoliation maybe highly damaging to your case by implication even for innocent deletions.
6. If you have communicated with your opponent or a potential witness, provide this social networking information to your attorney at once. It can be used in your lawsuit!
7. Remember pictures communicate without words. Do not share photographs that are incriminating, inappropriate, or what may be taken out of context.
In summary, evidence from all social media sites is now being used by prosecutors, defense attorneys, personal injury attorneys, civil dispute attorneys, employment attorneys and foremost by family attorneys! Be careful what you say, post or disclose whenever you are communicating on any type of social media site! What you say or show may be your civil undoing!