SOCIAL NETWORK PITFALLS

With the popularity of social networks rising, it is important to understand the legal consequences of posting information or photos.

Anything you post online can be used against you in a court of law - and not just in criminal matters. Once you post publicly on social networking sites, all information and photos posted are free to access and remain in internet storage for a long time.

Here are some of the ways in which information or photos you post online may pose legal risk to you:

Criminal Activity: You can be investigated and arrested by the police for any social network post or photo which discloses criminal activity, no matter how minor it may seem. Beware that even joking about illegal activity may result in your arrest.

Personal Injury: If you have a pending legal claim for a personal injury, worker's compensation and/or social security disability, you are claiming that you are hurt. Any evidence you post on social networking sites demonstrating the contrary can be used against you in court. For example, if you are claiming to be out of work due to an on-the-job injury, but post photos of your recent skydiving trip on your social networking site, it may be used against you and do irreparable damage to your case. 

Family Law:  Social networking posts and photos are now being used as evidence in up to 90% of divorce and custody cases in some areas. Do not post any information on social networking sites that may be used against you in family court. For example, in a divorce case a man claimed that he did not have anger management issues; but his social networking profile stated under his "About Me" section that  "I'll kick your ass if you get in my face". This information was used to undermine his credibility and his case.

Attorney/Client Confidentiality: Everything you tell your attorney is subject to an attorney/client privilege and cannot be used against you in court. However, if you breach this confidentiality by posting on social networking sites, the information you post is no longer privileged. Do not post any information or photos on social networking sites about any ongoing legal matter you have. If you are unsure what you should/should not post, speak to your attorney about the types of information posted on social networking sites that may have a negative effect on your specific case.

Identity Theft/Predators: Social networking sites are the easiest place for thieves and predators to collect personal information about their victims. Never post your address or other confidential information which could be used to steal your identity. Also be very careful about posting when you are away from home, such as using the "check in" feature on many social networks, as potential thieves may use the opportunity to burglarize your home while you are out.

Before posting anything online, always take a moment to ask yourself if it could ever come back to haunt you. When in doubt, do not post!