Recently defendants in some litigation have filed “Duty to Preserve Plaintiff’s Social Media” demands. These are requirements that plaintiff’s maintain their social media pages or not erase or delete information. The defense lawyers are doing this because even smart, honest plaintiffs tend to slip and post things that can be misconstrued or twisted to hurt his/her case. If a plaintiff claims that her back is injured and she can barely move from the pain…but…there she is at a family barbeque pitching horse shoes and playing volleyball…well then the case is over. She might be in pain, but the jury will only see her playing. She has lost all credibility.
Likewise, when a plaintiff tweets at a time of day he is known to drive to work, then the suggestion can be made to a jury that he texts while driving. All the defense wants to do is plant seeds of doubt.
So, do us and yourself a favor. If you are in litigation or are considering filing a lawsuit, remember that all of your social media might be open to the defense to use against you. The moment you are considering suit is the moment to shut down your social media. Not simply edit it…shut it down. If you delete the materials then you could be in contempt of court or the defense might be allowed to argue that the content would have shown that you’re not really injured.
One simple rule: Shut it all down. You cannot be hurt by what you do not post.