07/25/2012
Let this be a lesson about Social Networking and the law...
The admission of electronic evidence at trial is becoming an ever-growing concern in today's "social-networkcentric" society. We are seeing Courts increasingly allowing electronic evidence at trial. In the Dharun Ravi case (New Jersey case in which Ravi set up a we**am to spy on his roommate) tweets posted by Ravi were crucial evidence in proving bias intimidation.
The NYSBA Journal recently published an article, "Electronic Odds & Ends," explaining that a court allowed the Defense to use photos from a plaintiff's Facebook in a personal injury case. Plaintiff claimed that as a result of her injury she suffered extreme anxiety, preventing her from going out or socializing with friends. The FB photos showed plaintiff attending parties, dancing, vacationing and "drinking beer in an inverted position referred to in testimony as a 'keg stand.'"
Everyone likes to drink beer in an inverted position now and again. We all miss work because of the occasional hangover, but what if your boss sees a picture of you partying until the wee hours of the morning before the day you call out "sick"? What if, all the Powers That Be forbid, you end up defending yourself in an investigation or trial? All those FB pictures could be used against you, maybe as evidence of your character. And we all know that the pictures of ourselves on FB are not a good judge of our true character. So let this me a lesson about sharing your pictures on FB. Have fun partying and being social, but don't feel the need to document every moment of it, especially if the midst of litigation.
