Social media accounts such as Facebook®, Twitter®, Instagram® and their like present a wealth of potentially damaging information for both plaintiff and defense. Many people leave those accounts open to public viewing, indexing and searching. It’s common and considered standard practice for attorneys to review the public and private social media accounts of their own client and the public social media accounts of the opposing parties, expert witnesses and even jurors for potentially useful or damaging information. Attorneys research those social media accounts before, during and after litigation.
Many account owners set the privacy settings to allow only “friends” or approved parties to view their posts. If an attorney requests you, as a Certified Legal Nurse Consultant, to “friend” or infiltrate an opposing party’s or juror’s private account, don’t do it. Attorneys are themselves ethically prohibited from doing so and ethically prevented from instructing someone else to do the same. The attorney should always obtain the information through the proper discovery process.
I’m Just Facebookin’
P.S. Comment and share your experiences with social media in cases.