This post is part of a series titled “Social Media Dos and Don’ts for Lawyers.” Click here to view all the installments.

DO NOT Forget to Instruct Your Clients to Refrain from Discussing Ongoing Litigation on Social Media

Preserving social media information that existed prior to a lawsuit is different from creating new social media information about a lawsuit after it has begun. The preservation of existing information must, take place while the creation of new social media information should rarely occur. Attorneys must make sure that their clients understand this difference by counseling them to refrain from creating and posting new social media information that could potentially undermine the success of the lawsuit. Otherwise, the results can be catastrophic.

Comments on social media platform by non-lawyers typically constitute unforced errors in litigation that should be avoided at all costs. Attorneys should make every effort to help their clients understand the negative consequences that may result from posting comments on publicly available social media sites. Importantly, such admonitions should not occur just once. Attorneys should reiterate these kinds of instructions throughout the pendency of the lawsuit to maximize and ensure continued compliance

Check back on the Fish Litigation Blog for the next installment in the series discussing opposing counsel and opposing parties social media profiles.

This post was devised from “SOCIAL MEDIA DOS AND DON’TS FOR LAWYERS,” Business Disputes 2014 Course