Posting on Social Media During a Lawsuit: What You Need to Know

This content was reviewed by Kristina J. Anderson, Esq.

During an active litigation, the things you post on social media can damage your lawsuit and may even lead to you losing your case. Defendants—the people you’re bringing a case against—will do everything they can to minimize your settlement, and that includes digging up images, posts, and private information shared online. 

Keep your case safe. Learn the risks of social media use during a lawsuit and what you can do to navigate them effectively. 

 

The bottom line: Keeping your accounts private

The defendants in your case are looking for an opportunity to undermine your credibility. Anything you post on social media before or during the lawsuit is fair game. That means that the safest option to avoid serious consequences for your lawsuit is avoiding social media presence entirely.  

Our legal team strongly recommends setting all social media accounts to the strictest possible privacy settings until your case is completely over. This includes Facebook, Instagram, TikTok, Twitter (now X), and other platforms. However, making your accounts private does not guarantee that defendants won’t be able to obtain the information you post. 

The risks of social media posts during legal proceedings

Social media is a major part of many people’s daily lives. That means it has also become a major aspect of many defendants’ litigation strategy. Increasingly, defense attorneys, investigators, and insurance companies are seeking out and monitoring the social networking accounts and sites of people involved in the litigation. 

It is now standard practice for defense attorneys to search Google and social media sites for information on your personal life during the discovery process. Lawyers may also demand that you provide them with your account login information or ask the court to order you to release your passwords. Sometimes, insurance companies and defense attorneys ask the court to release the contents of your home computer, hard drive, or cell phone. 

Through these methods, they hope to find information that will embarrass you, hurt your case, or challenge your credibility in the eyes of the court. The defendants may attempt to: 

• Use photos posted by you or your friends to prove that your injuries or losses are exaggerated or that you’re “faking it.” 

• Share jokes from a group chat to convince a jury that you’re not telling the truth. 

• Show embarrassing photos to the court in order to damage your reputation. 

• Take your posts out of context to damage your case. 

As a rule, it’s best to assume that: 

• The defense can see everything that you post. 

• The defense team has access to everything you say online—including in private chats. 

• Nothing online can be deleted, and lawyers have access to your deleted posts. 

• The defense will interpret your post in the worst possible light for you and your case. 

• The defense will use your posts against you in court. 

The only way to make absolutely sure that courts don’t use the things you say online while involved in a lawsuit to hurt your case is to avoid using your accounts. 

What about my old posts?

Do not delete anything you have already posted. Legally, it’s important that no evidence prior to starting the case is destroyed or hidden. If you have any concerns about your past social media content, reach out to your case team. It’s always better for us to know potential risks to your lawsuit right away. 

I don’t want to stop using social media. What can I do?

If you choose to continue using social media platforms during the legal process, follow these guidelines to help make sure that your case has the best possible chance of success. And when in doubt, don’t post. 

Make sure your settings are set to the most private option

If you have active social media during a lawsuit, immediately check that all your settings are set to the highest privacy level possible. Do not share anything publicly, and limit who in your circle can see your social media content. 

Even with the most stringent privacy settings, only share information that you are comfortable being read by a judge or a jury. Privacy laws are contentious when it comes to social media, and sometimes even a photo shared with a few close friends can be admitted into a court of law. 

Don’t post about your lawsuit or legal team 

Never post any information about your lawsuit or your legal team. This includes the situation that caused the lawsuit, the process of hiring a lawyer, attorney advertising, and any updates on the case. 

A post may seem harmless, but defendants can still use it against you. Say you’re filing a personal injury lawsuit after being involved in a car accident. If you post that you were in a car crash but thankfully no one was badly hurt, a defense attorney may dig up that post and use it to argue that no harm was caused—and, therefore, that you aren’t owed any compensation. 

Don’t post about your injuries or treatment 

Defense attorneys will use any information or photos you post about your injuries in court. It’s a good idea to document your injuries, including bruises, scars, and other signs of visible harm. But don’t post these photos anywhere online and don’t send them to anyone other than your attorney. 

Don’t join “support” or “community” groups online 

Many people who have been injured join groups that offer support and resources from others who have been in similar situations. Unfortunately, attorneys take advantage of these groups to gather plaintiffs’ information. 

While many people in these groups are seeking help and connection, there is no way to know for sure who is on the other side of the screen. Insurance agents and lawyers may pose as someone else in order to trick you into saying something about your case. And if you receive information from someone else in a group like this, that can change the statute of limitations (how long you have to file after an injury) on your case. 

Avoid any communities related to your lawsuit or the situation that led to your case. These include: 

• Facebook groups 

• Forums 

• Group chats 

• Reddit threads 

• Message boards 

Don’t post photos of yourself or let others tag you 

During litigation, avoid posting any photos or videos of yourself or your family, or let other people tag you in their photos. 

The defense team may use any photos against you—whether they were posted by you or someone else. They may argue that you aren’t as injured as you claim to be, or use the posts in some other way to weaken your case. If you’re posting photos from a time before you were injured, make sure to clearly state that it’s a throwback, flashback, or memory. 

Don’t share lawsuit information online 

The opposing party may be able to access messages you send online. Don’t send DMs, personal messages, texts, or e-mails about your case to anyone except your case team. 

Don’t accept any friend requests or group invites 

During a lawsuit, do not allow anyone to follow you or become your friend on a platform like Instagram or Facebook unless you are absolutely certain you know that person. Even then, be careful what information you share. 

The safest option is not to post 

Any information shared online might be used in court. If you would be embarrassed to answer questions about a photo, video, or statement in front of a judge and jury under oath—or if you would be embarrassed to have that information made public—don’t post it. 

What is attorney-client privilege?

Legally, all conversations between attorneys and clients about their case are protected and confidential. This means that anything you send privately to our team—including paralegals, legal assistants, and other firm staff—cannot be used in court against you. 

Information posted on social media is not covered by attorney-client privilege, so it may be fair game to share as evidence in court. 

I want to stay in touch with my community during my case. What do I do?

Litigation is often stressful, and we know how important it is to lean on friends and family for support while still protecting your case. 

As a rule, only talk to close, trusted people—like immediate family and close friends—about your case. You may also need to share information with people who need to know for logistical reasons, such as a boss, but try to keep the details you share to a minimum. Anyone you speak to about the substance of your case or injuries may be required to provide deposition or trial testimony. 

Even with people you trust, don’t talk about your injury or lawsuit on social media or over email, DMs, or text messages. Have conversations in person or by phone instead, and make sure that the conversations are private. 

We fight for your right to privacy

It may not seem fair that the defense can use your private information to undermine your lawsuit. But in our online world, the responsibility falls on plaintiffs to keep their data safe. If you decide to keep your social accounts active during litigation, make sure you do everything you can to protect your privacy—and never discuss your case, treatment, or injuries online. 

Following the guidelines above can help our team protect your case and fight against attempts by defendants to access your private information. We will do everything we can to make sure your case is successful, but your help is crucial. 

Questions about your social media posts during a litigation? Reach out to the paralegal on your case to discuss how to set privacy settings on your accounts or mitigate your risk. Wallace Miller is here to support you through every step of your case.