You’ve heard of the
phrase, “anything you say can and will be used against you in a court of law.”
The same can be said of social media. Anything you tweet, hashtag, share, or
post can and will be used against you. Most content on social media is admissible
as evidence at trial. That is why it is important to be aware of the
ramifications of sending that tweet or sharing that Facebook post.
We live in a highly
technological society. With a swipe, scroll, or click, we have instant insight
into the lives of those we know, as well as celebrities and political figures.
Some people prefer Twitter, where 140 character tweets can go viral in a matter
of minutes. Others prefer Facebook, where posts are lengthier, can include
multiple pictures and links, and is often associated with older generations.
Still others prefer Snapchat or Instagram, where pictures can be posted about
everyday life events, and in Snapchat specifically, are only temporary and
disappear instantly or within 24 hours.
Whatever
your preferred method of social media is, we can all agree that it has taken
over life as we know it. While these apps allow us to connect with friends,
family, and colleagues all over the country and even the world, their impact is
not always a positive one.
This
is especially so when you find yourself in the middle of litigation, with a
pending or ongoing court case, and everything you have ever put on social media
is suddenly under intense scrutiny. This is why it is extremely important to be
aware of everything you post on social media during this time and recognizing
that for the time being, less is more.
You
may be thinking, “Well what’s the worst that can happen to me if I do post
whatever I want during my case?” Here are just a few examples of how that
behavior can impact you now and down the road:
-
If your case deals with Family Law and
custody, opposing counsel can use your posts about partying and excessive spending
to show that you are not financially stable or responsible and should not be
allowed custody privileges with your children.
-
If your case deals with Personal Injury
and you post about doing something active like roller skating, rock climbing,
or heavy lifting when you’re supposed to be injured, opposing counsel can use
this to show why they should not have to compensate you for your injury.
-
If you’re involved in a criminal case and
make attacking posts about victims, judges, or opposing counsel, this can be
used to undermine your credibility and damage any defenses you have for your
case.
Now that you have an idea
of just how your social media presence can impact your case, here are some
helpful tips if you find yourself posting frequently on social media:
1.) Never EVER post
anything when you’re angry or frustrated. In the heat of the moment you may say
things that you do not mean, or something that will hurt your case down the
road. Think twice before clicking “post.”
2.) Seriously consider
deleting or suspending all of your social media accounts once you are notified
that you are part of a pending legal claim. However, you should not delete these accounts without checking with your attorney before doing so. There are specific evidence rules dealing with the destruction of evidence, which is essentially what deleting your account comes down to. However, if you feel that you need
to keep the accounts active, increase the privacy settings and POST NOTHING.
3.) Reach out to family
and friends and ask that they do not post or share anything related to your legal
claim. Posts related to your case posted by others can also be used against you
as evidence.
4.) Discuss with your
attorney before going through all of your social media. Deleted materials are still discoverable, and the court may not look favorably on the fact that you tried to clean up your social
media and may conclude that you have something to hide.
5.) Try googling yourself
and if negative information from social media pops up, discuss with your
attorney the appropriate steps to take. Again, do not delete this information before consulting your attorney and do not post anything regarding past negative posts.
You may think all of
these tips are excessive, aren’t that important and don’t apply to you, or that
your social media presence will not impact your case. However, as recently as
April of this year, the Supreme Court of the United States addressed a First
Amendment case that dealt with posting on Snapchat. So, if social media is
important enough for the highest court in United States to recognize, you need
to take it seriously as well.
Above all else remember the
age old quote, “if you wouldn’t say it to your grandma’s face then it isn’t appropriate
for social media.”
Happy Posting!
***The information contained in this blog post is
meant to be informational and does not constitute legal advice. Should you have
any questions regarding your social media and a claim you may have, please
contact an attorney or fill out our contact information below to schedule a
free consultation with Marcie.***
Sources: https://www.glauslawfirm.com/blog/beware-how-social-media-can-ruin-your-case/
https://cplaw-miami.com/social-media-and-court/
http://www.colospringslaw.com/blog/how-social-media-will-ruin-your-case
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