It is best to assume that all of your social media accounts will be reviewed as a result of your case. Posts on social are not confidential and can come into all types of legal actions, including family law (like divorce or custody actions), criminal defense, and personal injury (like auto accidents and wrongful death) cases. Therefore, recommend you complete the following steps so your case isn’t negatively affected by social media and/or the internet:
There is no guarantee that taking these steps will completely secure you from the other side finding information about you, but the steps above can help to potentially limit the discovery of negative evidence. The only way to truly make sure social media doesn’t affect your case is to avoid it.
There can be a desire to delete accounts or posts to ‘clean up’ your accounts, however you should not. It is best to consider your social media accounts and past posts as frozen until the end of the case. Deleting accounts or posts can be considered an intentional act to hide evidence from the other side. The duty to preserve evidence begins from the time you reasonably believe you will be filing suit.
It is difficult to know all the ways that social media can negatively affect your case, whether it is for an injury you suffered or to determine custody and visitation of your child. With that in mind it is best to always use judgment on what you post online and stop using social media until your lawsuit has concluded.