Law Office of Prosper Shaked - December 2019 (305) 690-0244

December 2019

Don’t Post Your Testimony How to Handle Social Media During a Case

Social media is an excellent tool for communicating with your friends and family. Just think about it: Within minutes, we can connect with loved ones from across the world! Unfortunately, though, when it’s mishandled, social media can be detrimental to your case. While I have a slightly different approach regarding social media than most lawyers, you would be surprised how dangerous it can be during a trial. You shouldn’t discuss legal matters over the internet because anything you say or do on those platforms is recorded. For instance, after a car wreck, you may be overcome with adrenaline as you take photos and immediately post them on your Instagram, Facebook, or Twitter with a description of what happened, saying you feel okay. After the adrenaline rush subsides, you may begin to notice whiplash or severe back pain, but you essentially already gave a full testimony to the contrary online. Any immediate action over social media like this can significantly affect your case because you don’t know how the opposing counsel will use it. When I’m handling a case, I scour the opposing side’s social media content looking for any evidence indicating they were liable or have a history of negligence. For instance, if the other party posted a video they took while driving, it shows they have a pattern of negligent driving, which damages their credibility. Opposing counsel also looks at your family and friends’ accounts to find any inconsistencies in your story. Make sure your family or friends aren’t discussing the case over social media either. Comments like, “We’re praying for you,” or “Sending positive thoughts,” are fine. Other

“When I’m handling a case, I will scour the opposing side’s social media content looking for any evidence indicating they were liable or have a history of negligence.”

related to the case is considered destroying evidence. The insurance company or opposing counsel could use this against you even if it’s apparent you were not legally responsible for the accident. In these cases, you’re under a microscope and anything that can be used against you will be. After an accident, focus on recovering from your injuries. If you need proper representation to get the compensation you deserve, never hesitate to call. To learn how I can help you and your family in your time of need, reach out anytime.

than that, it’s a private matter that shouldn’t be discussed openly. Avoid being tagged in photos or status updates regarding your accident. Keep aftershock photos and thoughts to yourself or discuss them with family in-person — never over the internet. Many lawyers recommend setting your social media accounts to private, but I have a different viewpoint. You have nothing to hide, so you should continue to interact on social media as if nothing happened. Just be aware that opposing counsel will be scouring your accounts just as I would. If you do happen to post something damaging, it’s best not to delete it. Deleting any content even remotely

-Pro sper Shaked | 1

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