Learn with a Lawyer: How do social media posts play into your court case?

Brandan Davies is a criminal defense lawyer in Overland Park, Kansas. Brandan assists clients with all types of criminal matters in all courts in Johnson County. Mr. Davies has been named as a Superlawyer, Top 100 Trial Lawyers by the National Trial Lawyers Association and is A/V Rated for his Criminal Law Practice.

If you have a pending Divorce Case: Stop posting anything on social media about your case.  If you’re in a contentious divorce case, social media isn’t the place to rant about your ex-spouse, the court or your ex-spouses’ lawyer.  What will happen is your ex-spouse will get copies of the posts and then use them against you in court.  It’s a given and it happens all the time, don’t fall into that trap.   Secondarily, don’t post on social media about conversations you have with your lawyer about how your case is going.  Those posts violate the attorney client privilege and can cause you real problems when your ex gives them to his or her lawyer and they cross-examine you at trial.

If you have a pending Personal Injury Case: I see this everyday and it makes me cringe.  A picture of a wrecked car on social media and a post saying, “I was in an accident but I’m ok.”  If you are in an accident or injured somehow, don’t put pictures on social media.  Insurance defense lawyers and investigators are immediately searching your profile after an accident and copying these posts.  If you ever find yourself filing a lawsuit because of an injury, those pictures and your, “I’m Ok” statements will be used to try to diminish your claim.  I have personally seen posts like this cause seriously injured people to lose their case altogether or diminish the value of the case by hundreds of thousands of dollars.

If you have a pending Criminal Case: As a criminal defense lawyer my best advice is simply, don’t post anything on social media if you can avoid it.  You’re best to just deactivate your accounts until the matter is resolved.  If followers or “friends” find out about the pending charges they will inquire or harass you.  Your social media feeds may become a playground for trolls trying to cause you further stress. Further, probation officers and bond supervision officers are looking at your social media profiles.  Many a defendant has had probation revoked or bond revoked because they put up a picture of them with guns, alcohol or drugs in the background.  Nothing good can come from posting about your criminal case or any conversations you may have with your lawyer about the case.

In summation, keep your business to yourself.  Broadcasting to the world your thoughts and feelings about a pending case will generally always come back to bite you in the end.  Any lawyer that tells you otherwise simply isn’t giving you good advice.

With decades of experience on our side, the attorneys at Roth Davies are proud to serve individuals across the Overland Park area on issues related to personal injury, family law, divorce law and criminal defense. We’re here to help you find a solution.