It’s come to my attention that many don’t understand the devastating effects that social media posts can inflict upon a criminal or civil matter. Only today, I saw someone who’s currently involved in litigation post something on Facebook that would make opposing counsel squee with delight.
So I’ve decided to add a Social Media Clause to my engagement agreements. This is still a work in progress, but I hope it gets the point across.
While your case is active, do not use social media.
Don’t. Period. This includes everything from Facebook, to Twitter, to Instagram, to blogging — even if you’re “anonymous” or doing so under a pseudonym. We are not joking.
The opposing side will be able to find anything you post and will use it against you. You should pretend that anything you post will end up on the front page of the newspaper. We may fire you as a client if you do not follow this rule.
Finally, don’t ever send us confidential information over social media. Social media is never confidential!