11/5/12 I just got back from giving a talk in Merced, CA for the State Bar and one of the things I learned while doing research for a presentation on Ethics in Social Media was that Facebook postings are discoverable evidence and carry with them a possible spoliation of evidence if destroyed. This comes about when an attorney finds that his or her client has posted something harmful or obnoxious on the client’s site and tells them to remove it.
An attorney in Virginia was sanctioned and disbarred for instructing a client to take off a picture of himself a year after his wife’s wrongful death which showed him with a can of beer and a tee shirt which read “I (heart) hot moms”. Oh yes, he had a garter around his head. Loss of consortium damages going down…..
So your task this week is to review all your cases to make sure that you have done a notice to produce for all electronic evidence where it is applicable because this rule runs to all parties….and maybe check your own Facebook page for, oh, you know what!
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