Social media sites such as Facebook, Twitter, YouTube, Google+ and Myspace have increasingly become an easy mechanism for individuals to express their opinions on a wide range of topics. All too often, these topics include the individual’s personal life. While sharing your routine, day-to-day activities to the “world” often is harmless, clients run into trouble when they divulge or share information that relates both directly or indirectly to a pending or soon to be pending legal matter. Expect that whatever you write or post to your social media account, or have written or posted in the past on these sites, will be found by the opposing party or the opposing parties’ attorney.
Additionally, the use of electronic surveillance of these types of social media sites has become increasingly prevalent. The opposing party hopes to discover information that could embarrass, humiliate or harm you. They will look for pictures or comments by your or your “friends” that can then be taken out of context to harm your case. Further, deleting these posts, comments or pictures from your profile often does not completely remove the file from your hard drive or the account. Due to the risk associated with using these social media sites, take precautions before using your account in the future and strongly consider suspending or deleting your accounts until your legal case is concluded.
Eric C. Trosch
Board Certified Specialist in Family Law