Social media has become so ubiquitous in our society that it is not going away, at least in the short term. However, aside from the commonly encountered issues, such as people disclosing too much about their lives, whereabouts, plans and opinions, there are serious legal implications and risks associated with posting information online, and many people are not aware of this. that information they post, or even information that they don’t post, but that can be traced back to an electronic device they are using, can be used against them in court or other official proceeding.

Everything a client tells an attorney is generally protected by attorney-client confidentiality, and an attorney cannot be compelled to adversely disclose that information about a client in court. However, any information that the client discloses to others, in phone calls, in online conversations or in posts on social media websites, lacks that privilege and can be used against the client in court. Clients often want attorneys to discuss their issues with other family members and co-workers, especially in employment law cases, and although we can do so in a limited way, a full disclosure of our legal theories and facts will generally not be helpful. . . Customers were also surprised when:

1) A friend or coworker reveals information in a statement or as a witness that the client thought was confidential.

2) A friend or coworker testifies in court in a totally different way than the client thought they would testify.

3) A friend or coworker has a sudden and selective memory lapse regarding the factual situation involving the client.

Regardless of the bravado that a friend or coworker shows the client, and the support they profess to be, when they are put under oath, they generally fear that what they say may be used against them, they fear that an employer will do so. make. retaliate against them for supporting another, or they will be dumbfounded when they realize that they are participants in a powerful legal system and they will freak out. It is often scary to be a witness.

Social media has also helped law enforcement officials do their job, because people who commit crimes often argue or even brag, or post videos or photos, about their illegal activities online. These revelations cannot always be attributed to stupidity, as many people who commit crimes are intelligent, or at least astute, but their egos seemingly trump their thought processes, as they feel that bragging about their exploits will improve their stature in the eyes. of certain people.

In the realm of family law, Facebook profiles, Twitter posts, and emails are often considered good evidence, and care should be taken with the information they release during divorce, child custody and child custody cases. visits. Keep in mind that family law issues generally involve high degrees of emotion, and airing those issues and feelings in public is a bad idea.

Also, in an online environment, everything can usually be traced back to one source, so if one posts comments, etc. In online forums and related sources, with the perception that they will be anonymous, those comments can come back to haunt you. The First Amendment does not protect all types of speech, and the courts have begun creating unlimited free speech exceptions for malicious comments and actions on the Internet.

So even though people’s lives seem to be an open book these days, remember that your friends, family, and business partners aren’t the only people interested in what’s going on in your life, and unscrupulous people can use that information. to steal your identity. your employer or potential employer may also read things about you that may affect your job, and our government and its agencies are also looking for information about us on the Internet.