Facebook/Social Media WARNING TO CLIENT
In this modern world, many of us communicate using the internet, email or other forms of digital communication. Now that you are pursuing a legal claim for monetary damages, it is critical that you understand that any communications you have with anybody (other than your attorney), may be subject to disclosure at some point in the process. Any information you post to an internet website, write in an email or instant message, or otherwise transmit electronically may someday be requested by the other side as evidence in your case. If you maintain an internet website or a space on internet portals such as Myspace.com, Facebook.com, etc., there is nothing that prevents the other side from accessing those sites and obtaining all of the information you have placed there.
For these reasons, it is critical that from now until the time that your case is finally resolved, you refrain from communicating about your case, or disclosing any of the facts relating to your case on any internet website, email or other digital format. The only exception is that you may, of course, communicate with us using email if you chose to do so. Unlike other digital communications, anything you send us (so long as it is sent to us only and copied to no one else) is covered by the attorney/client privilege, and is therefore confidential.
In addition, you must be very careful about any other information you communicate through the internet or email, even if it is not specifically about the facts of your case. Even information relating to your personal interests, lifestyle choices, associations or other types of information will be accessible to the other side and available for them to use against you in the case. This does not mean that you should stop using the internet or email, or worry about shopping or providing basic information on commercial websites. What it does mean is that you should be very careful about what information, including videotape, photographs, etc., you post on any online forum, blog or social networking website. Likewise, you should be careful about what sort of information you place in emails. You do not want there to be embarrassing or profane materials that the other side can attempt to use to impeach your character.
In short, what we suggest is that you use common sense and an abundance of caution between now and when your case is finally resolved. If you have any specific questions or situations and would like further advice, please do not hesitate to contact us.
C. Donald Briggs, III, Esq. and
Alison A. Wholey Briggs, RN, Esq.
Dedicated To Protecting YOUR Rights!!!