Posted on: 11 May 2023
Many experts recommend that both plaintiffs and defendants in personal injury cases curtail their social media use during the trial. This makes sense to most people given that photos and posts about their activities can be used by the other side to argue things like the true extent of injuries.
However, another social media mistake lurks even in what seems like harmless comments. This mistake? Talking about meetings or activities with your legal team. Why is this such a big danger? Here are three ways that even vague comments can harm your case.
1. Breaking Attorney-Client Privilege
The right to talk freely with your legal counsel without worrying about it being used against you is fundamental to a fair trial. And the attorney is not allowed to break this confidentiality. However, the client can do so. And one way they may accidentally do so is by discussing with others a conversation they had that was otherwise protected.
So, if you go on Twitter and reference something your attorney said about your case, you needlessly open up those comments to dissection and questioning by your personal injury law opponent. These might be harmless conversations, but they could also be ones you really don't want to end up in your trial.
2. Revealing Legal Strategy
Every legal case involves a great deal of strategy by experienced legal professionals. And just like a professional sports team works hard to keep their strategies concealed from their opponent, you also want to keep your team's strategy private. If the other team knows how you are approaching things, they're in a better position to counter your claims.
How might social media reveal strategy? Consider a comment made on a public social media forum where you mention that settling a case can be a very good thing. Your opponent's team might use this to try to pressure you into settling your case, knowing that you're already thinking about doing so. You might lose out on money.
3. Leaving Accidental Clues
Always assume that lawyers are parsing every action you make on social media. And with their training and investigative skills, they can piece together clues you didn't even realize you left.
Perhaps in a Facebook post, you mention how different your deposition for this case was compared to previous experiences. The opposing attorneys then know that you made earlier depositions and may search for these. Now, they have additional ammunition to impeach you if you say anything in the current case which is contradicted by prior statements.
Where Can You Get Help?
Get help navigating the complexities of your personal injury case by meeting with an attorney in your state. They will work with you to ensure you make no mistakes that harm your case, both in real life and on the internet. Call a local personal injury lawyer today to make an appointment.Share