The Use of Social Media in Court Proceedings
It is no secret that social media has quickly become a substantial source for the transfer of information. Most people use social media to document everything from their weekend plans to the antics of their pets to what they ate for lunch. And for the most part, social media posts are harmless to the user and do not create unnecessary hardships, aside from being potentially minorly embarrassing when you look back on them in the future. However, there are times when even seemingly innocent posts can become major legal obstacles.
What’s the Problem with Posting on Social Media?
Today’s lawyers are trained and even encouraged to investigate litigants through their social media accounts. In fact, it is almost considered legal malpractice if an attorney does not use social media as part of his/her investigation into a case. In addition, most, if not all, courts have held that your opponent is entitled to the information contained on social media accounts prior to trial, and social media posts are admissible as evidence during trial. In some cases, social media posts have been pivotal to the outcome of trials and lawsuits, so workers comp and personal injury lawyers know to warn their clients to be careful with what they post.
So, if an opposing lawyer is looking through your social media posts, they can extract information from what you’re sharing. This can include things as simple as establishing a pattern of previous irresponsible behavior (such as excessive drinking) or as damning as calling an alibi into question by showing that the person posting, or someone appearing in a photo, could not have been where they said they were. In short, social media posts can be a goldmine of potentially problematic information to an opposing lawyer. Sometimes things that seem entirely innocent at the time can collected together with other information to paint a problematic picture, or things can be taken out of context and misconstrued to look confusing or incriminating.
So, What Can You Do to Avoid Problems with Social Media Posts?
In the workers’ compensation or personal injury context, the best way to avoid potential legal problems with social media is to refrain from posting anything about your case – and, actually, posting as little as possible about anything during any trial or investigation. This includes posts about injuries, treatment, causes, court proceedings, etc. Even if your post seems harmless, you would be surprised to see how it can be turned against you by the other side. Even if you believe your settings are private, and therefore the information won’t be found by the other side, most courts have held that the information is still discoverable before trial. Keep the advantage in your favor by leaving your legal issues off of social media. And by refraining from posting on social media at all during this time, you reduce the risk that some seemingly innocuous piece of information will be used against you in a way you never anticipated.