Social Networking and Law

In the movie Social Network Sean Parker says: ” When you go fishing you can catch a lot of fish, or you can catch a big fish. You ever walk into a guy’s den and see a picture of him standing next to fourteen trout?”

The movie is a fictional version of how Facebook  was started. Today it is a rare client who does not have a Facebook page or some type of internet presence.

Defense lawyers and insurance companies know this. Defense lawyers and insurance companies may use your client’s Facebook and/or internet postings to hurt your case. The harm can turn the case from a big fish to a little trout. This is why it is necessary to discuss the internet with our client.

Clients need to know that once a thought is posted on line regardless of whether it’s Facebook, a website, or an e-mail the post is available to the internet world. The rules of discovery allow the defense lawyer to request postings on the internet. Defense lawyers often seek production of internet social network postings, e-mails, and website postings.

Clients need to know there is nothing private on the internet. Clients need to refrain from posting any thought they do not want the world to know. On internet postings including e-mails follow these rules:

1. Never post content you do not want the whole world to see.

2. Never post when angry.

3. Think before the post is submitted.

4. Never post about your case (before trial/settlement, during, or after).

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5 Responses to “Social Networking and Law”

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