Litigators Advocating Social Media Caution

Earlier this month I recommended that litigators warn potential clients about using Facebook and other social networking profiles cautiously and a law firm heard me. (joke!) Delmas & Rosenthal just published a list of things that consumers shouldn’t do on their online social networking (OSN) profiles if they are contemplating hiring a lawyer. The list is useful but fails to get at one of the key uses of social networking in court – evidence that goes to a claimant’s state of mind.  That’s hard to warn consumers about but it could be done.

Example

Say you make a mental health claim based on an injury and you provide as a status update – “Thanks to all my friends for cheering me up during this stressful time.  You guys improved my mood 100%!”

This could be evidence that your emotional stress while real, is something you can improve on your own without the help of money damages.   There is a case for potential claimants to stop posting on their OSN before and during the litigation process.

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