Social media gives others a window
into your life, and if you're involved in a trial, that window could result in
a poorer court outcome for you if you're not careful. Your posts and pictures
could be used against you, and, because these posts can be misread easily, you
could stand accused of things you actually didn't do. While social media plays
a large role in many people's lives and businesses now, if you're going to
court, you need to be very, very careful about what you do online.
Radio Silence
Your best course of action is to
just not post anything. If you can, suspend the accounts so no one can access
older posts; otherwise, set everything to private, don't accept friend requests
or followers who you don't know, and simply stop posting for the time being
(yes, even if your accounts are private). You know how emails are easy to
misinterpret because they are so emotionless? So are social media posts. Emojis
help only so much.
Speaking of emojis, they can
actually be used against you. Suing over an accident and claiming emotional
distress? That smiley face and "feeling happy" label on Facebook
might serve as fodder for the opposing lawyer to claim you're not really that
distressed.
Everything Is Public
Despite privacy settings, social
media is essentially public. Maybe you message a family member, and that member
tells someone else, who spreads the news to more people. That could get back to
someone whose page is still public, and lawyers don't exactly limit themselves
to checking only your social media pages for news about you.
Assume anything you post during this
time, if you can't stay off social media completely, is something that could
make it into court. If you run a business and need to keep your Twitter account
public, stick to business-related tweets only and be very cautious about the
wording.
If you want more guidance on avoiding the social media trap during a trial, contact Eisenberg Law Offices. We can help you secure accounts and keep your court case moving.
This post was originally published at https://www.eisenberglaw.org/social-media-use-may-affect-your-trial-outcome
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