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( http://www.lexisnexis.com/legalnewsroom/litigation/b/litigation-blog/archive/2011/02/23/waiver-of-attorney-client-privilege-or-work-product-doctrine-through-social-media.aspx) – 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.
