Attorney at Work

TMI: How Your Client’s Need for Likes Is Hurting Their Case

Attorneys must proactively counsel clients on social‑media evidence because posts, likes, tags and even privacy settings can become admissible proof in criminal, civil and family matters. Deleting content after an investigation begins often triggers spoliation claims, while third‑party activity can implicate a client without their direct involvement. Early guidance—integrated into intake and case‑management—helps preserve credibility and avoid costly procedural missteps. The article outlines common pitfalls and practical steps to mitigate digital‑evidence risks.