Social Media: How your posts can make or break your lawsuit

It’s almost second nature to share our stories of success and struggle with our social network of friends. However, if you have a pending lawsuit, those posts can work against your case.

Social media networks are a great way to do reconnaissance, and attorneys know this. You can bet that your opposition will be looking you up. Your social media accounts could hold the key to your demise.

Courts now accept information from social media accounts. The federal government even relies on personal social media content for individuals applying for residency. That’s how accepted social media activity has become.

The fact is, anything you say or post can be used against you. For example, if you injured your leg in a car accident and you post photos and comments from working out, it could damage your credibility.

If you’re involved in a lawsuit or plan to pursue one, we recommend taking these essential steps.


  • Talk to your attorney about your social media activity. Seek their advice as to how to handle past posts and future engagement.
  • Remove or hide all posts that might be linked to your case, and that includes comments from friends.
  • Consider having your attorney review any future social media posts to ensure there’s no danger to impact on your pending lawsuit.
  • Consider going silent altogether for the duration of the lawsuit and as long as it’s necessary. This might be hard for some, but it could help in the longer run.

Please note that the subject matter discussed in these blog posts may change on a daily basis. Please contact the Winston Law Firm for timely advice.