Yes, you should be worried about your social media sites during litigation. Lawyers do check them. We hope you’re going to make a post that helps our case. It makes our job easier to prove. So, if you know that to be true, what can you do to prevent a problem? Here’s a few tips.
1. Ground yourself from social media.
Don’t post anything. No pictures. No daily updates. No memes. No likes. I don’t care if you scroll through your newsfeed. But stop posting. No one needs to see your pictures or memes right now. And lawyers love to twist your posts to an unintended, negative meaning, which is completely your fault since you now know that you shouldn’t be posting while litigation is ongoing.
2. Unfriend the other party and all your “friends” that are potentially aligned with them.
Clean up your friend list. Get rid of people in your friend list that may feed the other party information from your social media site. If you think that a “friend” might feed the other party information from your social media site, unfriend them. You don’t need to have that worry in your life right now.
3. Set your page to the highest privacy settings.
Your privacy setting should be set to the highest possible so that intruders can’t see your pictures and posts. Just go to the settings and make the change.
4. Don’t delete anything.
You can’t delete those pictures or posts that set you in a negative light during litigation. If you do, a negative inference will be raised and exploited if a contested hearing or trial becomes necessary.
5. Tell your lawyer of negative posts.
Let your lawyer know if you have made posts that could cast you in a negative light, such as partying out late at night or making statements intended to offend the other party. Your lawyer needs to know what’s going on and counsel you accordingly.
6. Keep tabs on the other party.
You should keep tabs on the other party if you have access to their social media. Many times the other party will make posts during litigation that is helpful to your case. Your lawyer will want that information and determine if it’s worth using.