Do’s and Don’t’s on Social Media Posting
1. Don’t Post About Your Case on Social Media
One of the worst mistakes you can do when you are in a lawsuit is to post about the suit on social media. If any of your accounts are open to public view, all of your comments and posts about your case can be used against you at trial. They are considered “admissions” by you and even if you are just joking or writing something just for entertainment or a reaction online, it can come back to haunt you later. The golden rule in this situation is to simply not post about anything that could be remotely connected to your lawsuit or any of the people involved in your lawsuit.
2. Lawyers are Allowed to Explore Your Social Media Profile if it is Open to the Public
The opposing lawyers are not allowed to explore your social media profiles if they are private and locked away from public view. The opposing lawyers are also not allowed to add you on social media in an attempt to see your private information. However, lawyers are permitted to explore your social media profile as long as it is open to public view. You do not have an expectation of privacy when you share information for the entire public to see. Make sure to always lock your social mediate profiles and make sure they are on the “private” setting to protect yourself.
3. Watch Out for People Who are Already Friends with You on Social Media
You need to always watch out to see if anyone involved in your lawsuit is already friends with you on social media. If the other side is connected to your social media accounts and you begin posting about them or the case, there is a high probability they will find out and all of your posts can be used against you at trial.
Be especially careful with witnesses. For example, say you are driving your car and you accidentally hit another car while you are texting and you don’t tell the police or anyone you were texting or looking at your phone at the time of the accident. You are sued and you say that the other driver recklessly slammed on their brakes causing an inevitable accident. Unbeknownst to you, one of your social media friends witnessed the accident on the street but did not tell you they saw the accident. Then you go on social media and write a post warning your friends and family to never text and drive as you almost killed someone while you were texting and driving the other day. That social media friend that saw the accident might see your post and then contact the driver suing you and send them a screenshot of your post. If the jury saw that, you would have virtually no chance of winning at trial and you would leave your lawyer helpless.
This is just one of many examples of why you should never post on social media about anything connected to your case. Rule of thumb is only post things on social media that you would be fine with the entire world seeing.
4. Do Not Bad Mouth Anyone in the Case, the Lawyers, or the Judges
Lawsuits can be a very emotional experience and it can be very tempting for some people to express their feelings on social media. It is not uncommon for people to post that the person they are suing or being sued by is a crook or a liar or a cheat. If you post something negative about the opposing side in the case and the other lawyer sees it, your words can be used against you and your post can be shown to the jury. A lawyer will try to ruin your credibility and attack your character using your words against you. You could even be sued for defamation for trying to humiliate someone in a public forum.
Even worse, if you bad mouth the judge and they find out, it could permanently harm your case. Judges are people and are going to make mistakes. They may make rulings that harm your case. However, if you upset a judge continuously throughout your case, they will treat you horribly at trial. When a judge has a certain attitude toward one side of the case, the jury often pick up on those cues and tend to feel that side must have done something wrong. It is the lawyer’s job to protect you so please keep your thoughts about the judge to yourself, or at least until after your case is finished.
5. Photographs on Social Media Can Ruin Your Case
If you are being sued for assaulting someone and you have posted lots of selfies holding automatic weapons, those pictures are almost guaranteed to land in front of a jury. A lawyer will say that you have a propensity to be violent and therefore, they should find you guilty.
Be very mindful of what you post online. Less is more when it comes to photographs. We have had cases where people will post pictures of themselves getting high and doing drugs during work hours while suing their employer for loss of wages during the same time period as those work days where they were partying (claiming they were working). Your entire case and all your credibility can go out the window if you are not very careful about what photographs you post online.