Mounting Case Law on the Dangers of Social Media and Your Court Case

It should shock no one that facebook, twitter and other forms of social media have become a hub for individuals to blow off steam.  While a therapist may recommend the release – as an attorney attempting to protect her client – one of the first things I tell my clients is to keep their fingers in their pockets and let me do the talking.  Why?  Because I want to protect my client’s privileged information.  One of the most coveted parts of an attorney client relationship is the attorney-client privilege.  In simple terms, the attorney-client privilege allows client’s to share information with their attorneys – and then the attorney has a duty to protect that information and can not be forced to disclose/testify against their client with regards to that information.

However, this privilege is not indefinite.  A client can waive this privilege – and one way to do so is by talking about the subject online on facebook.

LexisNexis put together a nice article on the mounting case law on point in 2011( – and the message remains the same today – put facebook away when it comes to your case.

 Disclaimer: The information in this post is for general reference only and is not intended as legal advice for any specific situation. You should consult a qualified, licensed attorney for actual guidance relating to each individual situation in which you are involved.