I recently attended the Santa Monica Bar Association’s Trial Seminar. Speakers included Tom Girardi, Brian Kabateck and Daniel Callahan, all accomplished trial attorneys with a trove of valuable information about how to win at trial. One of the most interesting presentations was by Deborah Chang of Panish, Shea & Boyle about the role of social media in litigation. She showed slides of the photographs of litigants posted on the internet which destroyed their claims in litigation. Her presentation served as a good reminder to all attorneys and their clients:
(1) Make sure to scour your own social media for relevant information so you can produce it to your attorney,
(2) Make sure to scour the social media of your opponents for compromising posts and photographs, and
(3) Make sure that you do not post anything about your case, your opponent or communications with your attorney.
Everything on the internet can come back to bite you later.