What role does social media play in the litigation process?
In the legal process, it’s becoming rapidly the case that social media is becoming unbelievably important. People need to be conscious of what they say on social media. I say “don’t put anything on social media that you wouldn’t want a judge or jury sitting on your case to see or hear.” I think that’s excellent advice because guess what? They can see or hear that. That’s fair game.
One of the first things insurance companies do when they’re dealing with a claim is to look up the injured party’s social media and to try to find out as much as they can about them. So you want to make sure that you put the best face forward on, for example, Facebook. Always be mindful of what you’re doing. Particularly after an injury, in describing how it happened and how you’re recovering, there are a number of social media sites, Caring Bridge is one of them. These can be valuable sites, but you have to understand, don’t put anything on there that you wouldn’t want the judge or jury to see or hear and you’ll be fine.
We have an entire list of instructions and kind of a little guidebook that we put together for our clients on the use of, or not using, social media when they have a case. We found it to be very helpful and our clients appreciated it.