If you are an avid social media user, you have likely heard of the phrase “it didn’t happen if it was not posted on [insert social media site here].” The reality is we as a society are living in the age of technology. These technological advancements have brought us many advantages and disadvantages. In the legal profession, social media sites have created a unique set of challenges when providing representation to clients. The attorneys at Colombo Law want to warn social media users about the dangers of having an active case and posting on social media.
Discussions between a client and his or her legal counsel are protected by attorney-client privilege. What this means is that in the majority of instances, attorneys cannot be required to disclose information relating to discussions between an attorney and his or her clients. Posting details regarding legal information obtained or discussed with your attorney on social media will likely destroy the attorney-client privilege, as statements posted online are no longer confidential. Losing the attorney-client privilege in a case could be detrimental to your claim.
Providing Evidence to Parties
In personal injury cases, the cornerstone of every action is proving damages. Without damages, your personal injury action will fail. Many insurance companies, attorneys, and opposing parties use social media as a way to determine if the injured party has exaggerated his or her description of the injuries. Information posted to your social media page is discoverable, if there is reason to believe your page can prove or disprove a claim. If the information on your social media site tends to show your condition in a way other than what is conveyed in court, it may be used against you to challenge your credibility. Therefore, you should avoid posting any photographic or written evidence that may show:
- Any type of activities engaged in on a day to day basis;
- Body parts that concern the injury asserted;
- Personal opinions about your injury.
In some case, parties are required to sign non-disclosure agreements that prohibit the parties from making statements about the details of a case. Many have heard about the famous case in which a Florida father settled a case of age discrimination case against his employer, totaling $80,000. In that case the parties signed a non-disclosure agreement prohibiting any statements from being made about the case. After settling the case, his daughter posted a status on her Facebook page that violated the non-disclosure agreement and resulted in the forfeiture of the entire amount of the parent’s winning.
Contact an Experienced Attorney
Any experienced attorney will warn you about the dangers of posting on social media pages while your case is active. If you or your loved one has been injured in an accident, Colombo Law can advise you of your legal rights as well as any precautions to take to ensure that you gain the maximum amount of monetary compensation. For a no-risk initial consultation, contact Colombo Law today.