This article discusses two cases where clients have undercut their awards because of activities on social media. In one case, a plaintiff”s award was cut after discussing traveling and partying after the accident. In the other, a man who sued for the loss of his wife from an auto accident, wore a garter belt on his head and a tee-shirt with the phrase, “I love hot moms on it.” His award was significantly reduced because of this behavior.
Delete Facebook and Twitter Accounts if Involved in Lawsuit?
This extreme advice maybe necessary to get the attention of clients. They need to understand that what they do on social media websites can seriously impact their ability to be successful in court. Another option would be to have all social media posts be reviewed by the attorney’s office. This is very intrusive and labor intensive and probably not practical. However, the lawyer is playing a similar role as when they are the press spokesperson for a client. Here they are playing that role online. Much of this will be determined by how significant the case is and the resources of the client.
Malpractice if Attorney Not Adequately Educating Clients on Social Media?
This seems like a very real possibility. If the lawyer can’t point to any documentation that client signed showing that the client was informed about the risks of social media engagement once represented, this could open them up to malpractice. Social media has been around for half a decade. The issues relating to litigation have been well publicized. Isn’t an attorney who doesn’t counsel a client on these risks acting negligently?