Today, most everyone is familiar with Facebook, blogging, Twitter and other social media. People post information on Facebook pages and other social media millions of times every day, and the question becomes, especially if they arc involved in litigation, can that information hurt their case and he used against them? The courts who have faced that question have stated that there is no "general privacy privilege for Facebook information, therefore statements before a lawsuit is filed, an example of which may be statements made to an insurance adjuster, or sworn testimony such as answers to written questions or answers given to questions posed at a deposition, that contradicts statements made on social media can certainly be used in the law suit. In fact, Facebook has a long-standing motto, which reads, "Facebook helps you connect and share with people in your life." Further, Facebook has an on site policy regarding its duty to respond to legal requests!
So what should you do if you are involved in litigation? At our law firm, we are recommending that you, at least during the time of the lawsuit, shut down your Facebook account or any other social media account until the lawsuit has been settled and resolved. If that is too drastic, you should at least not post any information concerning your personal injury claim or your divorce case or any other legal matter in which you are involved, certainly a criminal case would fall in that category. If you have posted information that you think should be removed, contact your lawyer and promptly remove the information from the web. Of course, there is always a permanent record of the information, which you have posted, which may ultimately become public and possibly used against you in your lawsuit.
Even posting pictures, which show you, enjoying life with your family or friends may be used against you in your personal injury claim as a result, for example, of an automobile accident. Pictures are said to be worth a thousand words and in lawsuits they often are! While we want all of our clients to enjoy social media to the fullest, we realize that we are here to represent them and their best interest and if they are involved in litigation, no matter what kind of litigation, it's best not to discuss it and it's better not to have media accounts like Facebook during the litigation.
If you have questions about social media, do not hesitate to call our law firm.
