Litigation and the Dangers of Social Media

These days social media use is an integral part of everyday life for so many people. We connect and interact with others in the cyber world by sharing our ideas, discussing our interests, and posting photos revealing where we are and what we are doing several times throughout each day. But, how many social media users actually pause to consider the consequences of disclosing so much information on-line?

If you are involved in a legal matter, your social media activity could actually be detrimental to your case. You need to be especially careful about using social media while your case is pending because your posts could be used as evidence against you and negatively affect the outcome. In evidence law they are classified as admissions of a party and are not excluded under the hearsay rule, which prevents other types of out-of-court statements from being admitted in evidence.

Here are some important tips for navigating social media while you are involved in any kind of litigation:

  1. Do not post any details or make any comments about your case;
  2. Do not post statements, photos or anything that could contradict your claim. For instance, if you are involved in a personal injury matter, it is not a good idea to post photos of yourself on a recent ski trip or working out at the gym;
  3. Beware of friend requests from anyone you do not know personally but make a note of who made the request, and;
  4. Make sure your social media accounts are set to “private.”

Social media is a hotbed for mischaracterizations. A seemingly harmless post could be taken out of context and be detrimental to your claim. So, if you are ever involved in a lawsuit, give yourself peace of mind by minimizing your social media activity and following the above tips. And if you have a doubt about a post either don’t post it or check in with your attorneys. At Hymson Goldstein Pantiliat and Lohr, Our Business Is Your Peace of Mind®.

The information contained herein is general information not legal advice. E-mailing attorneys from this website does NOT establish an attorney/client relationship. A formal attorney/client relationship begins after a conflicts check and engagement agreement are signed.

All Rights Reserved - Copyright © 2004-2020 Hymson Goldstein Pantiliat & Lohr, PLLC
ARIZONA - 14500 N. Northsight Blvd. Suite 101 Scottsdale, AZ 85260 Phone 480-991-9077 Fax 480-443-8854
NEW YORK - 525 Chestnut Street, Suite 203 Cedarhurst, NY 11516 Phone 516-596-8366 Fax 480-443-8854