Social media has drastically changed our society; not always for the better! Social media connects others both personally and professionally. There is a global span, a constant pulse on everyone’s lives and a simple resource for all to share the most intimate aspects of their day.
In the legal field, social media has changed the way attorneys analyze a case, research facts of the case and conduct discovery. Many clients post daily on social media; which seems harmless to most, but can negatively affect your case. For example, in a car accident case in which the Plaintiff claims they are injured with future injury; a social media post tagging into the gym can create doubt in the jury’s mind.
Most frequently, the negative effects of social media are seen in civil, criminal, and family law cases. The photos people take, the tweets people send, the Facebook posts people comment on, have often lead to some form of impact on litigation; such as decreased damages or terminated employment.
Prior to litigation, social media serves as a tool to research a user’s personal life (i.e. their personal information, where they work, who their spouse and children are, etc.). Sometimes social media serves as a platform for many people to post things they would not otherwise say out loud, in an email or in a letter. Courts have typically ruled that there is no reasonable expectation of privacy regarding information posted on an internet forum. Many lawsuits settle outside of court, prior to litigation; don’t let your posts on social media shut down the ability for a settlement. If you are actively involved in any pre-litigation or litigation case, be cognitive and cautious of your online presence.
EVERYTHING YOU POST IS DISCOVERABLE!
The Kendrick Law Group would be honored to represent and guide you through any legal issue that may arise; with focus and communications specific to the impact your social media presence has on your case. Please call us at 407-641-5847 for a complimentary consultation with one of our seasoned attorneys. #kendricklawgroup
Co-written by: Kirsten Williams, Law Clerk