In the age of social media, it seems almost everyone is sharing and posting information. Unfortunately, this creates exposure that many clients may not even realize. The savvy attorney is aware of the pitfalls of social media and will warn clients in advance regarding the content of their posts. However, in some cases, the damage has already been done.
I have witnessed defense attorneys cross-examine clients on posts that were completely unrelated to the subject matter of the trial. Sometimes information that was shared three to five years ago can have a negative impact on your character. Any social media post that can portray deception or dishonesty may be submitted into evidence in court. The information that you share will often tell a lot about your character. That is why you want to think before you post and consider information you are sharing. You must consider the type of imagine you want to portray.
In order to avoid potential embarrassments in discovery or at trial, you should take certain steps to limit your exposure, such as:
- Checking your settings and turn off all posts to the public. If you want to share information you should only do so amongst friends in your network.
- Don't post about anything related to your accident. Venting about an accident on social media will not help your case.
- Be careful with the types of pictures you share. If you are missing time from work due to an injury, you might not want to post pictures working out at the gym or playing sports.
- Refrain from posting vacation pictures after an injury. Injured people are entitled to vacation too. However, pictures of you lying on a beach or doing fun activities does not invoke sympathy.