Does the defense want your social media posts in a discovery request? In a word, yes. Most likely, discovery requests will ask for access to every post you’ve ever made on any social media platform whether it has anything to do with the matter at hand or not.
Because images, video clips, audio, livestreams and any other type of post on social media (even those you think are ‘private’ or deleted’) may be producible in a discovery request, you should not post on social media at all.
Should I Delete My Social Media Posts?
NO, absolutely not. Once you are involved in a lawsuit, you legally cannot destroy what could be considered evidence in your case. Even though it may not seem to be related, or you may not believe it has any relevance to your pending lawsuit, social media posts are regularly requested by defense. Although we will fight to protect you, the content of public posts such as images, video, likes and dislikes, livestreams, mood indicators, and other information might be utilized to undermine your claims or create timelines to dispute your facts.
What Social Media Platforms Should I Avoid?
All of them! There is no social media platform, application, forum, group or chatroom that is not potentially discoverable during a lawsuit. Facebook, Instagram, TikTok, Twitter, Tumblr, YouTube, Podcasts, Yahoo! Groups, are just a few examples of social media to avoid. AVOID IT ALL.
Can I Comment on Social Media?
No. If you must, just be a silent lurker. View, but do not click like, dislike, vote up or down, provide a smiley face reaction or any other type of comment. Do not post comments or reactions on video content. Do not post in local newsgroups. You get the idea. Just say no to social media. Download our Fight Club Rules – rules to live by when involved in a lawsuit.
What Should I Do If I’ve Posted on Social Media?
As always, we ask for your 100% honesty. We cannot deal with a problem that might arise in your case if we are not aware of it. Let your legal team know if you have social media posts that need to be disclosed.