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The following information is a document Benson & Bingham provides new clients warning of the potential impact of Social Media posts on existing cases or litigation. Benson & Bingham strives to look out for our clients' best interests; unfortunately, many clients don't understand or disregard the power that social media posts can have during the litigation process.
Re: Social Media Warning
We appreciate you choosing Benson & Bingham for your legal needs. While we strive to make this process as simple as we can for our clients, there are matters in which you need to be aware. Most clients in today's day and age participate in some form of social media (Facebook, Skype, Myspace, YouTube, Instagram, Twitter, Tumblr, Tinder, Snapchat, and the like). During the course of our representation we strongly encourage you to refrain from participating in social media. The information contained in social media websites is not private and can be discoverable. In other words, anything that you post on social media websites may be used against you in a court of law. The same maybe used to attack your credibility or allow opposing counsel to suggest your mental and or physical capabilities have not been impacted. In recent years it has become standard practice for defense attorneys to run computer searches and to investigate information about your personal life through social media.
In the event you choose not to take our advice and participate in social media, we warn you to use great caution. For each social media outlet we recommend that you place your settings on "private". Do not allow anyone to become a "friend" unless you're absolutely sure you know that person. Do not write or disclose anything about your personal life that you would be embarrassed to have a defense attorney use against you in front of a judge and jury. Most importantly, please refrain from posting anything about your case or claim and/or any injuries (whether related to your case or not). Prior to making any post, we suggest you take a moment to consider the potential consequences.
Finally, should your case require us to commence litigation, simply deleting your posts will not suffice. Defense counsel will have the power to subpoena records from any social media page you may maintain and all activity will be revealed. Defense counsel will be able to see and reveal every post you authored, whether or not it was subsequently deleted.
Upon your receipt of this correspondence, should you have any questions and or concerns pertaining to social media please do not hesitate to contact our office.