Be Careful – Your Facebook Profile Can Be Used Against You

If you have a lawsuit on file or plan on filing a lawsuit, pay attention to your facebook profile. The latest litigation tactic among defense lawyers is scouring facebook for information that can harm your case. You must change your privacy settings to ensure that only people you trust can see your profile. Even then, it may be possible for defense attorneys to view information you think is protected.

Even if the images you post to facebook or other social networking site are harmless, the counsel for the defense may try to spin the images into something negative so that a jury might question your injuries, your honesty or your integrity.   Make sure you have a strong password and you know and trust the people you have allowed access to view your profile and images. For lawyers, in the case of <em>Crispin v. Audigier</em>, a California judge ruled that Facebook messages that are not publicly available are protected under the Stored Communications Act, and therefore cannot be subpoenaed for use in litigation. <a href=”http://www.compliancebuilding.com/2010/06/16/are-facebook-and-myspace-messages-subject-to-discovery”>Click here</a>.

Unfortunately, there are other opinions where Courts have allowed the discovery of social media information.

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