5 Tips for Social Media Use During a Lawsuit
Social media plays a huge role in our lives. From building community and staying connected to finding a job or your future spouse, social media is increasingly the lifeblood of modern society. Although Facebook, TikTok, Twitter, Instagram, Snapchat and myriad other platforms supply unparalleled connectivity, these apps can put you in hot water if used improperly during a lawsuit.
If you’re in a lawsuit, what should you do with your social accounts? If you’re a witness, should you post about what you saw? And if you think you might get sued over something, should that change what you say and show online? Here are five tips on what to do with social media when you’re involved in a lawsuit.
1. Don’t delete it
When served with a lawsuit, your first reaction might be to purge your profiles of anything incriminating. Fight the urge and don’t do it! It is generally best not to change any social media accounts or the content you’ve posted. In fact, you may be committing a crime if you do. Spoliation, which is defined as purposely destroying evidence when faced with litigation, and tampering with evidence are crimes under both federal and Pennsylvania state law (18 U.S.C.S. 1519 and 18 Pa.C.S. 4910). Deleting evidence can also carry civil penalties such as fines and, in extreme cases, can result in a judge ordering that you lose your case automatically.
Even if the judge doesn’t take such drastic action, spoliation can still hurt your case. Juries are typically instructed to infer that spoliated evidence would not be favorable to your case. Additionally, even if you remove social media content, there is a good chance the opposing party or his attorney can recover the deleted material. Remember, anything you post creates a permanent record, so stick to tip number one and don’t delete or modify anything already posted.
2. Lock it up
While you should not delete or modify any posts, you can, in most circumstances, secure your account from prying eyes. Make sure your privacy and security settings are up to snuff. Do not accept “friend” requests from anyone you don’t personally know. Enabling two-factor authentication and turning your account into private mode is another best practice; note, however, that you will likely be required to provide anything and everything already posted to the opposing party during the discovery process.
3. Stop Posting
One of the worst things you can do is post about ongoing litigation. It is best to say absolutely nothing about your ongoing case. Anything you post on social media can be used as evidence against you—so don’t say anything. If you feel you must post something, have your attorney approve of it first.
Don’t post about how nasty opposing counsel was in the deposition, or about the “frivolous lawsuit” you’ve been served with. Don’t talk smack about witnesses or make “humble brags” about how you did in court.
As a juror, you may be legally prevented from posting anything about the case you are hearing. To avoid a mistrial and remove the possibility of illegal conduct, do not post anything about your service as a juror. And even as a witness, your posts could get you in trouble. It’s best to keep it to yourself, at least while the suit is pending.
4. Quiet Family and Friends
It is best practice to ask that your family and friends refrain from posting anything about your ongoing litigation. Politely ask them to not post, share, comment on, tag, or otherwise publicize any information about the lawsuit. In fact, they should refrain from posting, sharing, commenting about or tagging you in any post, even if it does not pertain to the lawsuit, throughout the legal process.
In extreme cases, individuals have had settlements fall apart because a family member posted what they heard about the case. In less extreme cases, a family member’s post is fodder for cross-examination of you at trial. And of course, when you consider that you’re not likely to gain anything from a family member’s post, these negative results feel even worse. So ask your family to show you love online…by not talking about you while you’re involved in the case.
Take a Break
After ensuring that your account is secure, taking an extended break from social media may be in order. Not only could it improve your mental health, but taking a break also removes the temptation to post about your lawsuit. Anything you say can be used against you, but what you say can almost never be used for you. It’s not just a cop show slogan—it’s true because of the rules of evidence on hearsay. It’s best to stay quiet while you’re in suit.
Conclusion: Contact a litigation attorney today
These five tips can guide your social media use during a lawsuit. If you are in need of expert legal counsel, the litigation attorneys at Cornerstone Law Firm are happy to assist you. Contact us today to see how we can solve your legal problems.
