“Social Media Missteps Can Be Your Client’s Downfall: Perils of Oversharing” by Sensei’s Sharon Nelson, John Simek and Michael Maschke was featured in the July 2019 edition of the Oregon State Bar Bulletin.
Excerpt: Lawyers know from personal experience how consuming technology can be. And they know how easy it is to overshare on social media, click on something they didn’t mean to, or say something foolish after having too many libations. Your clients are no different in their reliance on technology but they are going through one of the most emotional and stressful periods of their lives.
This is where the missteps come in. Clients’ technology, especially their usage of social media and text messaging, tend to become part of the divorce and discovery process. Throw into the mix a soon-to-be ex-spouse, a hotly-contested divorce, custody battles and maybe the involvement of third party lovers and you have the ingredients for an explosion that you will not want to sort out before a judge.
Happily, there is advice that you can give your clients at the onset of the engagement to help them protect themselves. Think of it as a “Do Not Do List.”