Posted: March 15, 2012
If you are a lawyer or a litigant personal injury victim or otherwise social media and facebook in particular can cause all sorts of things . Mostly Bad. Rule Number One For Accident Injury Claims Don't post on facebook about anything if you have a legal issue. That way nothing is discoverable that can harm your case. Rule Number 2 for Lawyers Don't take for granted your client is not on facebook. Ask them and advise them to stay off. It is clear that there is case law that supports the discoverability of posts on facebook or other social media sites. This means what you put up may be used against you in Court. Although not a personal injury case recently a Cincinnati judge orderd an irate husband, that blasted his ex-wife on facebook, to take down the comments or go to jail. Also remember you can not hide behind a privacy setting. If you post it , it is likely fair game for dicovery. Personal injury victims used to worry about the insurance company sending surveillance after them to see if their claims of injury were true. Often these videos helped more than hurt. But just think if you put up a picture of you playing softball and your injury is a claim of a bad back. As a lawyer I know used to say BIG OUCH . You were hoisted on your own petard. Don't let it happen to you.