Maintain full discretion on social media. Nowadays it may seem everyone has a social media account, whether it be Facebook, Twitter, Instagram, etc. We share statuses, photos, and videos about our daily whereabouts, happenings, and the highs and lows of our life. Friends, and sometimes ourselves, may be guilty of "over-sharing" and divulging too much information. While over-sharing and TMI might be commonplace within your feed, it could become highly damaging if you or someone close to you has legal case pending.
So, how do you keep yourself from damaging your case?
So, how do you keep yourself from damaging your case?
Regardless of which kind of case you have (including but certainly not limited to auto accident, child support/custody, criminal defense, discrimination, immigration, personal injury, and traffic/DUI), it is generally recommended to altogether avoid participation in social media during the course of your representation. If you do participate, maintain full discretion and make sure to never post about the details of the case. Information found on social media websites is not private, can be discoverable, and if used as evidence may be potentially damaging to your interests. The same applies to information shared with others verbally or in writing via email, test message, or letter. Likewise, inform friends and family to maintain the same level of discretion, making them aware of the potential damage that can be caused.
In addition, you should not delete or remove information from any social media website, as that could be considered destruction of evidence, spoliation of evidence, or obstruction of justice.
For added security, refrain from communicating with your attorney on any shared computer or device. It is also recommended to not use your organizational e-mail (work, school, etc.) or a shared e-mail account. You should only use a private e-mail account that is password-protected and only accessed from your personal smart phone, tablet, or computer. Your lawyer may reserve the right to withdraw from counsel if the above advice is not followed.
Even after your case is settled, it is still advised that you refrain from divulging information about the case to friends and others. Take for example the recent case of a girl who bragged about her father's recent $80,000 legal victory on Facebook. The result? The confidentiality agreement her father had signed was found to have been breached by her post, and it cost him the full amount of the settlement.
If you currently have a case pending, have had a case that was settled, or if you may soon have a case pending, remember: "Are you sure you want to post that?" It could cost you your case!
Written by DMM at the Law Offices of Hugo A. Ortiz.
This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
In addition, you should not delete or remove information from any social media website, as that could be considered destruction of evidence, spoliation of evidence, or obstruction of justice.
For added security, refrain from communicating with your attorney on any shared computer or device. It is also recommended to not use your organizational e-mail (work, school, etc.) or a shared e-mail account. You should only use a private e-mail account that is password-protected and only accessed from your personal smart phone, tablet, or computer. Your lawyer may reserve the right to withdraw from counsel if the above advice is not followed.
Even after your case is settled, it is still advised that you refrain from divulging information about the case to friends and others. Take for example the recent case of a girl who bragged about her father's recent $80,000 legal victory on Facebook. The result? The confidentiality agreement her father had signed was found to have been breached by her post, and it cost him the full amount of the settlement.
If you currently have a case pending, have had a case that was settled, or if you may soon have a case pending, remember: "Are you sure you want to post that?" It could cost you your case!
Written by DMM at the Law Offices of Hugo A. Ortiz.
This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
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