Social media can impact your case more than you realize. While it may seem harmless, your online activity can become evidence against you in court. Lawyers actively search for posts that could weaken your credibility. Here’s everything you need to know about using social media during litigation.
Can Lawyers Look at Your Social Media?
Yes, lawyers have the right to review your public social media posts. They may even request access to private posts through legal channels. Anything you post, even from years ago, can be used against you. Courts view social media as a public forum, so think before you post.
Why Do Lawyers Use Social Media?
Lawyers use social media to:
- Find evidence contradicting your claims.
- Discover inconsistencies in your story.
- Gather information about your relationships and lifestyle.
Posts, photos, or comments may affect how the court views you.
How Social Media Can Hurt Your Case
Even innocent posts can be twisted to damage your credibility. Lawyers can:
- Present your posts to make you look dishonest.
- Use them to contradict your claims.
- Highlight behaviors that may sway a jury against you.
Can Social Media Affect Your Settlement Amounts?
Yes, social media can impact your settlement, even if you win. Posts showing lavish spending or inconsistent behavior may lead to lower settlement offers. The opposing side could argue that you don’t need the compensation you’re claiming. Social media evidence can also weaken your negotiating power.
Examples of Cases Affected by Social Media
- Vacation Photos: A plaintiff claimed severe injuries but posted beach photos. The court questioned the extent of their injuries.
- Contradictory Statements: A person denied knowing someone in a case but commented on their posts.
- Emotional Rants: Angry posts about the case were presented to question their stability.
- Party Photos: A defendant’s posts showed behavior contradicting their testimony.
- Deleted Posts: Attempts to delete incriminating posts were seen as destroying evidence.
Talk About Social Media With Your Lawyer
Discuss your social media activity with your lawyer early in the case. Be honest about past posts and current habits. Your lawyer can advise you on:
- Posts to delete or archive.
- Privacy settings to implement.
- What to avoid posting during litigation.
Being upfront helps your lawyer prepare for any potential issues.
Tips for Using Social Media During Litigation
Avoid Social Media Entirely
The best option is to stay off social media entirely. Deactivate your accounts until the case concludes. This minimizes the risk of posts being misused.
Adjust Your Privacy Settings
Set your accounts to private, but don’t rely on this completely. In some situations, lawyers can hire experts to bypass privacy settings.
Review Old Posts
Scour your accounts for old posts that might be used against you. Delete or archive anything that could be twisted.
Don’t Post About the Case
Avoid discussing the case online. Comments can be misinterpreted and presented in court.
Avoid Posting Photos
Photos can provide evidence of activities contradicting your claims. Even unrelated images might raise questions.
Avoid Posting Your Daily Activities
Avoid posting about your day-to-day routine activities like gym workouts, sporting events, or vacations. Even if you feel fine, these posts can be used to argue that your injuries aren’t as severe as claimed. For example, photos of lifting weights or playing sports can undermine your case.
Don’t Engage in Arguments
Avoid heated debates or arguments online. Negative behavior can be used to question your character.
Inform Friends and Family
Tell friends and family not to post about you or your case. Their posts could still be used against you.
Log Out of Accounts
Logging out reduces the temptation to post impulsively. It also prevents accidental activity.
Monitor Tagged Posts
Regularly check tagged photos or posts. These can still be visible even if your account is private.
Avoid Humor or Sarcasm
Humorous or sarcastic posts can be easily misinterpreted in court.
How to Deactivate or Delete Social Media Accounts
Deactivating or Deleting Instagram
- Open the Instagram app or website.
- Go to your profile and select “Edit Profile.”
- Scroll to “Temporarily Disable My Account” or “Delete Account.”
- Follow the prompts to confirm.
Deactivating or Deleting Facebook
- Log in to Facebook.
- Go to “Settings & Privacy” > “Settings.”
- Select “Your Facebook Information.”
- Choose “Deactivate Account” or “Permanently Delete Account.”
Deactivating or Deleting Twitter
- Log in to your Twitter account.
- Navigate to “Settings and Privacy.”
- Select “Deactivate Your Account.”
- Follow the prompts to confirm deactivation or deletion.
Deactivating reduces your online footprint during litigation.
After Litigation Ends
Once your case concludes, you can return to normal social media use. However, consider maintaining discretion. Future issues might arise, and past posts can resurface.
Get Help from an Attorney
Talking to an attorney at Sobo & Sobo can help you avoid social media pitfalls during litigation. Our team understands how social media evidence can impact your case and can provide guidance tailored to your situation. Call us today at 855-468-7626 or contact us online for a free consultation. Protect your rights and ensure your case has the strongest possible representation.
