Social Media for Lawyers  (Public)

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Comments (1)

Lisa C. McManus wrote on 16 Jun 2011 11:13 AM

This is hilarious, Mike! Just love your writing style.

I gave a CLE on the topic of discovery through Facebook at the ABA MidYear and recorded a podcast on it. Check out the cases of McMillen v. Hummingbird Speedway, Inc., 2010 Pa. Dist. & Cnty. Dec. LEXIS 270, and Piccolo v. Paterson, 2011 Pa. Dist. & Cnty. Dec. LEXIS 45. My advice to attorneys is to make sure that your clients stop talking on social media accounts about ANYTHING pending litigation. In addition to providing evidence for the other side, posting on accounts can lead to waiver of attorney-client privilege. Knowing what your client has said BEFORE contacting you is essential, too.

I don't have an opinion on whether these people should be prosecuted for anything beyond stupidity (I am not a criminal law attorney), but this is just another great example of how the impulsive and mindless use of social media can lead to terrible results.