10/11/2016
Social Media and Spoliation – Can A Client Delete Her Facebook Posts?
'To purge damaging information on social media would, if relevant, likely constitute spoliation. See Scott v. Garfield, 454 Mass. 790, 798 (2009) (“The doctrine of spoliation permits the imposition of sanctions and remedies where a litigant or its expert negligently or intentionally loses or destroys evidence that the litigant (or expert) knows or reasonably should know might be relevant to a possible action, even when the spoliation occurs before an action has been commenced.”).'
http://www.natlawreview.com/article/social-media-and-spoliation-can-client-delete-her-facebook-posts
Jurors, litigants, and their attorneys are increasingly savvy about social media. At the same time, it seems that many people do not use the same “filters” that they employ in other