5 things we advise our clients about social media use:
1. Be aware of it. Opposing counsel will look at your social media. Be mindful of everything that you post on any of your social media accounts and refrain from posting any information that might be relevant to your case. The American Bar Association reported in their annual “Legal Technology Survey Report” that “e-discovery” requests have increased significantly in recent years.
2. Update Privacy Settings. Change all of your Social Media accounts to private. If you think they are already private, double check to make sure.
3. The Danger of Tagged Photos. Keep in mind, any posts, pictures, etc. that you are tagged in, will not be hidden from everyone. Even if you’re account is private. Posts you’re tagged in still appear in search, News Feed and other places on Facebook.
4. Do not try and hide anything. If you are aware of something on your Social Media that could be potentially harmful to your case, we do not advise you to try and delete or hide it. Do the opposite! Notify our office instead. We can only help you, if we know about it. Deleting posts can be very harmful to your case and could lead to sanctions.
5. Not everything is bad. Some things on Facebook can be helpful to your case. For example, if you were in a bad car accident, and you were tagged in a post about your hospital stay. This could be useful evidence for your case.
Want to learn more about Social Media and how it affects litigation?
Check out these articles below:
https://www.law.com/newyorklawjournal/2018/11/05/creative-uses-of-social-media-in-litigation/
In Creative Uses of Social Media in Litigation, Mark Berman gives examples of some “out of the box” ways lawyers used Social Media to win their cases. He emphasizes how “privacy” on Social Media is not what you expect it to be. Mark Berman is the chair of the New York State Bar Association’s Committee on Technology and the Legal Profession.
John B. Kearney is a partner and the head of the New Jersey Litigation Group. In his article titled, Current Trends in Litigation Involving the Use of Social Media, he not only discusses these trends but also covers the risks associated for Plaintiffs.
Check out these upcoming events:
The Louisiana State Bar Association Young Lawyers and Senior Lawyers Divisions will be hosting a seminar discussing the “Issues and Trends while Practicing in the Social Media.” This event will be held on May 17, 2019 at Juban’s Restaurant in Baton Rouge. The agenda includes speakers from the Long Law Firm, Breazeale, Sachse & Wilson and Walters, Papillion, Thomas, Cullens, LLC and is approved for three hours of Continuing Legal Education. Here is the link to register and for all event details:
https://www.lsba.org/cle/CLESeminar.aspx?CLESeminar=87a873a8-4593-453d-8789-697812bf4b0b
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