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Can I Still Use Facebook While My Lawsuit is Active?


A: Sure you could.
However, the better question is “Why would you want to?”

Social media is a great way to communicate with your friends and relatives. However, it also has significant risks.

For example, let's say you were involved in a car accident and broke your femur bone. You remained in the cast for seven weeks and then had to undergo physical rehabilitation and physical therapy. You remained out of work for 10 weeks and then slowly began to make your way back to living like a normal human being.

Let's say you brought a lawsuit seeking compensation for the injuries you suffered as a result of carelessness of another driver.

Let's say you had some friends over while you were recuperating and they took pictures of you partying with your cast. After you finish recuperating you posted pictures of trying to play basketball and skiing.

You might think nothing about those pictures until you are questioned at a deposition, also known as a question-and-answer session during your lawsuit.

I have no doubt that the defense attorney would try and use those photographs to show that your injuries were not very significant and did not affect your lifestyle or your ability to engage in daily activities. In addition, if you denied having photographs or denied trying to do those activities, there is no doubt in my mind that the defense would ask the court to compel you to provide your Facebook password so they could search through all of your posts online and try and dig up information that was contradictory to what you have testified about.

As a matter of policy in my office, if you bring a lawsuit, I make it very clear that under no circumstance are you to post anything on any social media or online about your physical or mental condition. This will protect you in the long run and limit the defense's ability to obtain information on you to try and contradict anything you are claiming in your lawsuit.

Of course, you must be totally above-board and honest about your activity level and what you can and cannot do. This is simply common sense advice that every client to my office must adhere to.