BLOCK EVERYONE: Facebook is not your friend in litigation

Posted by on June 8, 2015 in Blog | Comments Off on BLOCK EVERYONE: Facebook is not your friend in litigation

The twenty-first century is all about social media.  We tweet, like, post, snap, every waking moment of our daily lives.  While social media is a useful tool to keep up with old friends (or stalk new ones ;)), a high volume of social media activity is typically anything BUT positive when it comes to your law suit.

 

Listen to me, and listen to me WELL, people.  ANYTHING – and this is in caps because I really do mean ANYTHING – you post on a social media website is discoverable.  The opposing party in any case can use it to your disadvantage during active litigation.

 

This means if you are in the midst of a nasty divorce, you probably should not post pictures of you and your new paramour at Cinebistro.  Oh, ESPECIALLY if you are paying – because those are still marital funds, my friend.  And the movie date you are currently enjoying is actually – since you are still married – considered an act of adultery.  This also means that if you are the defendant in a contempt action for failing to pay child support, and you are claiming inability to pay – you very likely should NOT post videos of the fancy brunch you threw last weekend for the entire neighborhood.  EVEN IF YOU DID NOT PAY FOR IT.  Pictures speak louder than words.  Literally.

 

Repeat after me:  anything and everything you post on social media can, and probably WILL be used against you.  The best thing to do while you are a party in active litigation is abstain from posting in a public forum altogether (unless it’s, you know, BuzzFeed links and Taylor Swift lyrics).  Get back to your roots and start a journal 😉  you and your lawyer will thank you for it down the road.