In the last fifteen years, social media has become an increasingly integrated part of modern life. From professional outlets like LinkedIn to more ephemeral outlets like Snapchat, there seems to be a platform to share just about everything that happens in our professional and private lives. And of course, there are always new apps and websites on the way.
With so many rapid changes, the law is often reactionary, rather than proactive, in determining how social media can and cannot be used in the courtroom. Increasingly, data from social media is being used in the courtroom as hard evidence in litigation against the victim. So while you may be tempted to post about your recent legal woes on Facebook or seek out support on Reddit’s legal advice page, beware of how your information may be used. Read on for more advice on navigating social media during litigation.
Be Discreet
While it can be difficult to keep something as dramatic as a court case under wraps, avoid posting too much information about your case to social media, especially photos, which can sometimes be used as evidence against you or can create further complications. If you feel you must share, keep your language as broad and generic as possible–you don’t want posts being used to contradict you in the courtroom.
Keep Your Profile as Private as Possible
Regardless of which platform you use, if you’re deciding to pursue a lawsuit against someone, it can be wise to make your profile as private as possible. Once the court case is over, you can always return your profile to a public one. Even if you’re not planning on posting in detail about your case, making your profile private can project not just recent information, but old information as well. For example, if it can be proved that you’ve exaggerated claims on social media in the past and you have a recent post about the case, your older posts can be used to cast doubt on your current allegations.
Get Family & Friends On the Same Page
In addition to protecting your own profile, make sure that those close to you are protecting your information as well. While it is important to have the support of family and friends while navigating litigation, make sure that they’re not posting information about the case on your behalf. Avoid any kind of misunderstanding by letting them know that information you’re sharing should stay private.
Understand the Data That’s Being Recorded
If you’re planning on continuing to actively use social media during litigation, make sure that you’re aware of the kind of information that’s being collected by the different platforms you’re using. For example, many forget that Snapchat has a map feature that locates where you are, right down to the street (the feature must be actively turned off in settings). While that kind of information may seem innocuous, depending on the circumstances, you want to avoid producing any information that could be used against you.
Let Your Lawyer Know Your Platforms
When you’re explaining your case to your lawyer, let them know which platforms you use and which you use regularly. While they may not necessarily need the information, it can be useful for them to be aware of and decide if they need to work with you to protect any private information related to the case.
Leave It to the Professionals
While it may be tempting to look for information about the person or organization you’re involved with in litigation, leave your sleuthing to the professionals and certainly don’t contact them through social media. As much as possible, keep your communication official and well-documented.
When In Doubt, Don’t Post
Of course, the best advice is to not post about your case on social media–keep in mind that anything you post can become part of the case. If you do post and later regret what you’ve posted, be careful about deleting information, which can sometimes cast doubt on your character.
Also keep in mind that even if your account is private, if the defendant can prove that there is relevant information contained therein, access can be granted.
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