The Dangers of Social Media During Litigation

It is common for many people to post on social media regarding their life and activities on a daily basis. Facebook, Instagram, Twitter, and similar social media are a fantastic way to stay connected to others and to share your experiences and thoughts with others. Some seemingly innocent social media posts however can have devastating effects if you are involved in litigation, especially in a personal injury claim, a contested divorce, or a child custody battle. Courts regularly allow adverse parties access to the other side’s social media accounts, allowing relevant posts to be presented as evidence.

Here are a few helpful tips for making sure your selfie doesn’t ruin your case:

1. Do not post anything about the case. This may seem obvious- but this includes posts regarding meeting with your attorney or even vague passive aggressive remarks regarding the case or the opposing party.

2. Avoid new friend requests from people you do not know personally. Many law firms and insurance offices may attempt to have employees follow you on social media in an attempt to gain information.

3. Limit adding new photos and check-ins. Seemingly innocent posts may be used against you. Regular check-ins at restaurants, parties, or other events with friends can cast doubt on any claims of loss of enjoyment of life, pain and suffering, or emotional distress since you appear to be living life as usual.

4. Increase your privacy settings. This may seem obvious, but many social media sites frequently update and change their privacy settings.