When was the last time you checked your favorite social networking site to see if you received a new message or to catch up on a current friend’s information ten minutes ago? With 85% of all adults using the internet and 48% using social networking sites on a daily basis, you are definitely in the majority of Americans. (Pew Research Study/Aug.2012). Consider further that of the 88% of adults using cell phones daily, 55% of those adults are using their phones to go online and update social networking sites (Pew research Survey/April 2012).
People now make available for easy disclosure practically their entire life details and confessions online. Social networking technologies are forcing us to learn to navigate the murky waters between business and pleasure. This mixture creates a “Permanent Record” of each on social networking sites.
Now that you are in a legal dispute, how may this universal sharing of personal and business information affect you legally? A scary thought? YOU BET! With so much valuable and often sensitive information now available through these social sites, the discovered information could field devastating results in many court cases.
What we strongly warn our clients:
1. Almost everything you post on social networking sites can and likely will be used against you in a lawsuit.
2. Avoid making any comments concerning your lawsuit or the judicial system on any internet or social networking sites.
3. Do not make comments about your adversary. Even “positive” comments can be misconstrued or used out of context; it is a smart idea to stop all your activity on social networking sites until after your lawsuit is over or the dispute is resolved!
4. Provide your attorney a list of all social networking sites you are a member of along with their passwords.
5. Do not intentionally remove or delete any posts, photos, or videos from a social networking site that existed when your lawsuit was filed or if you are anticipating a lawsuit. Keep everything as it is! Obstruction or spoliation maybe highly damaging to your case by implication even for innocent deletions.
6. If you have communicated with your opponent or a potential witness, provide this social networking information to your attorney at once. It can be used in your lawsuit!
7. Remember pictures communicate without words. Do not share photographs that are incriminating, inappropriate, or what may be taken out of context.
In summary, evidence from all social media sites is now being used by prosecutors, defense attorneys, personal injury attorneys, civil dispute attorneys, employment attorneys and foremost by family attorneys! Be careful what you say, post or disclose whenever you are communicating on any type of social media site! What you say or show may be your civil undoing!
Every day the impact of social networking is growing and affecting the everyday American in all aspects of their lives. The Pew Research Center, http://pewinternet.org/Reports/2013/social-networking-sites.aspx , has just come out with a new study, in which a record 72% of online adults are social networking users! Young adults are the predominate users, but since 2009, the 65+ users have jumped from 31% to 43%!
Another new study by Pew Research, http://pewinternet.org/Reports/2013/social-networking-sites.aspx , finds that most internet users would rather be anonymous online, but cannot! 86% of internet users have taken steps online to remove or mask their digital footprints and 55% of internet users have tried to avoid observation by specific organizations, people and the government! Also a sustainable amount of internet users say they have experienced stolen personal information or others have been taken advantage of from their online visibility.
Some very interesting statistics from Pew Research on “Anonymity, Privacy and Security Online”:
- 21% of internet users have had an email or social networking site efforts compromised by someone without permission.
- 12% have been stalked or harassed online
- 11% have had important personal information stolen, social security, credit card numbers, or bank account information.
- 6% have been victims of online scams or lost money
- 6% have had their reputation damaged because of online information
- 4% have been led into physical danger from online occurrences
What about a potential lawsuit? Are you worried about how your or the opposing party’s social networking could affect the results of a case? You should be very prudent and attentive! The best advice would be to remove yourself from all social networks or take down sites temporary until the completion of the legal case! Do Not Delete! Since that is impractical in many cases here are possible suggestions to consider in your social networking when involved in litigation:
- Anything you do or say online could and probably will be used against you!
- Make sure that your lawyer knows about your social networking habits and if there are any past conversations or photos that could be used against you.
- Have you ever shared a computer with your soon to be ex-spouse or potential ex-partner? Make sure you check the hard drive for relevant information concerning your lawsuit or proof that spyware wasn’t installed on the computer. Also change your email address and password for privacy.
- What about your children and their posting on social networking site. Your children are probably a lot smarter than you on texting, emailing or posting online and make sure you check what is being said online and on their cell phones!
- Check for posting from co-workers, friends, relatives and enemies as to what they are saying on your site about you or your situation to the world. You may be able to pick up some good information, or learn who is a friend and who you can trust!
- Never discuss financial situations or problems online. Got a new car? Taking a trip? The world doesn’t need to know!
- Photos or Videos should be a No! No! Until after your lawsuit is over! Delete nothing to avoid penalties assessed by the court!
Think smart, be smart! Social Networking and a Lawsuit is a very combustible situation that usually turns out to your disadvantage. Just say no!