In the last year, Facebook has climbed over 1 billion active users. Most likely you or someone you know has a Facebook account and uses it religiously. What you likely didn't know, is that if you become involved in litigation, that Facebook account is considered evidence to the opposing party. Around the country Facebook is utilized more and more in court. In fact, in Virginia, an attorney and his client were recently sanctioned for over $700,000 for allegedly destroying the client's Facebook account to get rid of unwanted posts and pictures. Lester v. Allied Concrete Company and William Donald Sprouse.
At Magnuson Lowell, we will have a frank discussion. Facebook and other social media tools are great for having connections with your friends. Unfortunately, I can't tell you how many times we have been able to hop on the Facebook profile of opposing parties and find incriminating pictures and posts. These problematic posts will lead to damning evidence that can sometimes derail even the best case. Just to give you an example, a Facebook profile once led us to a Youtube video of an opposing party fire-dancing mere months after she was allegedly injured in a car accident.
Everybody loves Facebook to keep people updated on their lives and to read up on long lost friends, but in litigation everybody loves Facebook to win their case. Not only should you be careful about what you post to prevent your boss from seeing your wild weekend getaway with your friends, but also remember that "anything you say or do can be used against you in a court of law." That includes what you post on Facebook.