Careful What You Put On FaceBook and Other Social Media Sites

garter belt on his head.  As solace and grief are elements of a wrongful death case, the pictures were determined to be relevant, and thus proper subjects for pre-trial discovery.  The Court noted that it was improper to destroy or hide such evidence.

While Internet Social Media is still a new and evolving area of discovery, and injury lawyers are learning how best to manage the explosion of information posted by, and about, their clients, this Charlottesville case illustrates the point that once something is put up on the Net, it becomes something opposing counsel is going to want to see in a “fishing expedition” aimed at finding anything that may detract from the claimed harms and losses; embarrass the injured plaintiff or his counsel; or even contradict the allegations of fault in the case.  Bottom line: Do Not Post Information About Your Case on the Internet.  And, if you do, do not think that you can hide it – assume that there is a camera in the heavens that is always watching and govern yourself accordingly.

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