Don’t Discuss Your Case On Social Media

Please do not post anything about your legal matters on social media. I guarantee you that opposing counsel will try to use it against you. That’s defense counsel’s job.
 
You can’t blame opposing counsel when you make her job easier.
 
I’ve had personal clients post pictures and videos of themselves climbing mountains, skydiving, running in marathons, lifting heavy weights at gyms, easily swinging children around like rag-dolls, clearing voluminous amounts of debris, and many other such things.
 
Can I explain away those things to a jury? Maybe. But why complicate your case? Why shoot yourself in your foot before you even step into the courtroom?
 
You might as well grab a big stack of cash and burn it.
I saw a video last night in which someone got rear-ended. The first words the driver spoke were less than kind and cultured. Okay, that stream of profanities is understandable, but a jury is not going to like it. But what’s worse is the fact that the driver and passenger reassured each other that neither was injured.
 
Guess what opposing counsel will play to the jury? It will probably become her closing argument’s soundtrack. The jury will likely hear it several times.
 
You see, the fact is facts don’t always matter. The defendant gets to play defense, and if he can make you out to be a greedy liar, well, he’s probably within his rights to try it. Many jurors don’t like personal injury victims.
 
Don’t cripple your own case.
 
Here are a few things I’ve also seen hurt cases:
 
1. Posting “I had a great day!” Really? But you testified under oath in your deposition that you’re miserable every day . . .
 
2. Posting about your hobbies. You know, the hobbies you can no longer do? Those hobbies.
 
3. Posting derogatory comments about the person who hit you. Calling the woman who hurt you a “cunt” or a guy a “dickhead” is not going to play well with a jury. It’s a negligence lawsuit and not a deliberate act.
 
4. Bragging about what you you’re going to do with your lawsuit winnings. Well, they might not be as big as you think now, because opposing counsel will try to make your case into the next “hot coffee” example for tort reform.
 
5. Posting pictures of you hugging your car and weeping over its damage. “So, Mr. Plaintiff, you were more concerned with your car than with your alleged injuries at the scene, weren’t you?” Yeah. Seen that before too.
 
Here is my “free advice” on legal issues and social media: Nothing you post will help your case. Many jurors don’t get vacations, won’t appreciate your wedding pictures, will despise you for looking happy when you’re supposed to be miserable, and so on.
 
Don’t give the other side anything they can use against you. Claims adjusters and defense counsel can, do, and will comb through your posts to see what’s there.
 
Set your privacy settings as high as possible to minimize that possibility.
 
I’ve literally had to tell clients they’ve destroyed their cases through social media posts. No personal attorney wants to get a phone call from a claims adjuster or opposing counsel that says, “Tell your client we are reducing our settlement offer . . . Oh, and please tell her to save her social media post from XX-XX-XXXX. I’m sending you a spoliation letter/Request for Production today. Will you be dropping her?”
 
Social media bad. Silence good. Zip your lips and still your fingers!

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