Litigators – Counsel Clients on Social Media

This article from a litigator to the general public reminds me of what good counsel needs to do – advise their clients from the beginning of their representation to treat their social networking use with caution.

What about a client checklist?

Create a branded one-sheet for your potential and actual clients letting them know the risks associated with social networking use while involved in litigation or even contemplating pursuing a lawsuit. Tell them about which sites are most at risk for exposure, give them information on how to setup their privacy settings, scrutinize photos they post or friends and family post to Facebook etc., what NOT to talk about on their Facebook page.

Issue of Privilege

As the article above suggests, plaintiffs shouldn’t post anything that mentions what they have said to their lawyer about the case, even if just a cryptic reference.  This could vitiate the attorney-client privilege and open the door for the other side to gain additional information and undermine the case.

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Tags: Facebook, Linkedin, social networking