Private Versus Public Profiles

One of the first steps you should take if you find yourself in the midst of a legal dispute is to review your social media profiles. Are they public or private? If they're public, you should definitely consider switching them to "private" or "protected" mode. Opposing attorneys will certainly attempt to find you on social media in order to see what thoughts and photos you’ve posted. While deleting accounts entirely may seem like a quick fix, it can raise suspicions and potentially lead to accusations of hiding evidence. However, before making any changes, it's crucial to consult with your lawyer to ensure you're taking the appropriate steps.

Be Cautious With Connections

During legal proceedings, it's essential to approach new social media connections with caution. Accepting friend requests or followers from unfamiliar individuals could inadvertently provide ammunition to the opposing side. Those seemingly harmless connections might be fishing for information that could be used against you in court. When in doubt, it's best to err on the side of caution and refrain from accepting new connections until your case has resolved.

Discovery and Court Orders

Even if you've set your profiles to private, it's essential to recognize that social media activity can still be subject to scrutiny during legal proceedings. Opposing lawyers may request access to your social media posts, and courts could order you to produce such information or reactivate deactivated accounts. This means that even your private posts could potentially be used against you in court. It's a sobering reminder of the far-reaching implications of our digital footprint.

The Impact of Your Posts

Perhaps one of the most crucial points to remember is the impact your posts can have on your case. Of course, we all likely understand that it’s not wise to post commentary online about your legal dispute, including the other litigants or attorneys. However, even innocuous updates about vacations, family gatherings, home improvements, or financial plans can be misconstrued and used to discredit your claims. We all like to share our happy news and exciting events with our friends, but if your case involves physical injury, lost wages, and/or mental distress, then those happy photos and posts will be used against you. When in doubt, it's always best to exercise caution and refrain from sharing anything that could potentially harm your legal position.

Navigating the Digital Landscape

While social media has undoubtedly transformed the way we connect and communicate, it's essential to recognize its potential pitfalls, particularly in the context of a legal dispute. Your online activity can be manipulated and weaponized against you, even if it seems unrelated to your case. Therefore, during legal proceedings, the safest course of action is often to limit or refrain from social media usage altogether. If you must use social media for work or business purposes during a trial, always consult with your legal counsel to ensure you're not inadvertently jeopardizing your case.

Remember, what you post online can have unexpected consequences. So, before hitting that "share" button, pause and consider the potential impact on your legal case. Your future self will thank you for it.