Beware the Post!

For those of you who find it necessary to post on Facebook, Twitter, or other social media sites and blogs about everything in your life, you should reconsider that thought, especially when you are involved in any type of litigation (or trying to find a job). Facebook can and will be used as evidence against you in court. Many cases, especially those that take place in domestic court consist of “he said/she said” evidence. However, your social media posts (including pictures and videos) are admissible in court and may determine the outcome of your case.

For example, in a divorce case, one party’s Facebook post contradicted that party’s claims in court, and as a result, the Court ruled against that party. This is occurring more often as the frequency with which many people are updating their social media accounts. Another common misstep is when an individual denies drug or alcohol use but posts pictures of that person engaging in those activities. Not a good move.

You may believe that the content you post is protected because you have set your account settings to “Private” where only your friends or followers can view your updates. However, a common source of obtaining your account updates is usually through mutual friends (you would be surprised at what your “friends” will share with others). Understand that your posts are never truly confidential.

The lesson here is be conscious of what you post because it will affect your life. More importantly, if you are involved in any type of a lawsuit, custody battle, or job interview process, consider shutting down your social media accounts. Staying off your accounts will help, however, if you have negative material already posted, it will have a negative effect on your case. If you are going to post something, do so as if it will be read by the judge, jury and your adversary (because it probably will). 

If you have any additional questions, please feel free to contact me office at (614) 759-4603 or our website www.theHElawfirm.com. Good Luck!