Facebook Snoopers
In the "old days," plaintiffs were often shocked when judges ruled they had to turn over their personal diaries to the defense lawyers. Their deepest most personal thoughts were laid bare before the scrutinizing eyes of the defendants, their experts, and sometimes juries.
Facebook is the new diary. And defense lawyers want everything ever posted to a plaintiff's profile. Because social networking is relatively new, the courts are not uniform in how they treat posts.
In New York, one judge recently ruled the defense was entitled to dig through Facebook:
"Plaintiffs who place their physical condition in controversy, may not shield from disclosure material which is necessary to the defense of the action."
Some courts refused to grant these types of discovery requests, calling them "fishing expections." But there seems to be a growing trend favoring the defense.
If you are in litigation, it is wise to discontinue your social networking until the end of the case. Alternatively, use the highest privacy settings available. And do not post anything related to your case or that may be used against you.
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