In the digital age in which we live, sharing thoughts and experiences on social media has become commonplace for a large portion of the population. However, if you find yourself amid litigation, you might want to think twice before making a post to any form of social media, as it could be devastating to your case. Discussed below are several reasons illustrating how posting to social media during litigation can prove perilous.
One primary reason posting to social media should be avoided during litigation is the fact that the post can potentially be used as evidence in court. Even seemingly mundane or innocuous photos and comments could be used to your detriment. For example, sharing a picture of yourself having a fun night with friends could be used against you if you were engaged in litigation for a case claiming emotional distress.
Another issue social media poses during litigation is the risk of inadvertent disclosure of information. Litigation often involves sensitive information, including confidential discussions, strategic decisions or privileged communications. Social media can blur the lines, leading to inadvertent disclosures. For example, discussing the details of your case, even in a seemingly private forum such as Facebook, Snapchat or WhatsApp, can lead to information being leaked, causing unwanted consequences. A Forbes article put it best: “Don’t post, tweet, or share anything that you wouldn’t say in person to the whole world, to be remembered forever.”
A further important issue to highlight about the perils of posting to social media is the threat it poses to professional licensure. There have been many instances of professionals posting on social media and getting in trouble with their professional licensure board. For example, a nurse’s seemingly innocent post on social media might amount to an unintentional violation of HIPAA. Such a scenario is just one of many examples that could be used as a cautionary tale for professionals posting on social media.
While it is tempting to post regularly on social media due to the current social climate, the pitfalls of posting during litigation or while in a professional environment are numerous and cannot be overstated. If you find yourself involved in legal proceedings, it is best to limit your social media activity and discuss any concerns with a trusted attorney. Remember, when it comes to legal matters, discretion is key. Protect yourself and your case by thinking carefully before you post.