The Young Texas Lawyer

As more people begin posting personal information on sites such as Facebook, Twitter, and Myspace, lawyers are beginning to realize that access to such sites can become a big advantage. These pages contain a variety of personal facts, pictures, videos, and sometimes even a user’s state of mind. Utilizing proper discovery is essential to uncovering this evidence for both civil and criminal matters. Each site carries its own privacy features, therefore formal discovery is necessary to remain ethical in gaining full access. Some courts have even gone as far as issuing a subpoena to site administrators in order to obtain all previous versions of the pages stored on remote servers in case the user deletes or changes information. Information on these sites can give you insight on your opponent as well as some ammunition to attack witness credibility.

Dr. Robert Lindeman and his attorney found out about this the hard way in May of 2007. Lindeman was blogging under the alias “Flea” about his experience as a medical malpractice defendant during the trial. The plaintiff’s attorney discovered his true identity and exposed the blog on the witness stand, the case immediately settled.

After conducting extensive due diligence on opposing parties, follow up by clearing up any questions during depositions to prevent an ambush at trial. It’s also fair to assume that your opponent will be conducting a similar search of your client’s online presence. Make sure you ask your clients about all of their online activity and conduct a thorough review prior to filing any type of legal action. Risk management of such pages becomes an important issue the more readily personal information becomes available on these sites.

Important evidence can be found on social networking sites, but make sure you ask properly. There are some very serious ethical concerns and consequences regarding the use of these sites by attorneys. Preparation and awareness about these sites is an absolute must for both your client’s sake and the case.