How Facebook Can Make or Break Your Case

How Facebook Can Make or Break Your Case.   EDiscovery is no longer limited to email logs. In every case, you should seek whatever you can find on Facebook, Twitter, or other social networks. If you use these networks, you should be careful what information you provide. Most professionals are using the social networks to publish professional content, or to connect with clients. Much of that is privileged, insofar as the professional has a privilege, such as attorney client. However, individual parties to litigation will often, and this article states, say things on social networking sites that can come back to haunt them later. If the Facebook user makes such interactions private online, that doesn't mean that a subpoena or discovery motion can't produce a Court Order requiring the individual to reveal communications, if reasonably calculated to lead to relevant evidence. It is far better not to say the thing at all. Be careful out there. 

Comments

[Susan Gainen]

Great advice...One more reason to worry about client control or clients-out-of-control. And, for employers, one more reason to have strong and enforced social media policies.

[chapter 13 in bankruptcy]

Thanks for the advice. We also use these social networking sites and find useful information. but some time it may result harmful. But we have to get ourselves updated all the time to keep us safe and secure from these kind of troubles.