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: Practical Paralegalism

Social Media 101: Facebook Really Isn't Private

By Lynne DeVenny

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Or Not to Beat a Dead Horse...

When North Carolina family lawyer and blogger Lee Rosen says, "Realistically, anything you put on Facebook or on Twitter or other social network sites, is going to be discoverable. You have no privacy ultimately." - you can take it to the bank.

Rosen is one of the social media and legal experts interviewed for ABC11's investigative report "Divorce laywers find evidence on Facebook". Following closely on the heels of my recent post about Facebook pictures costing a disability claimant her monthly benefits after her carrier gained access to them, I think it's critical to reiterate that nothing posted on Facebook is private.

In the same article, family attorney Victoria Bender reminds us that there are things paralegals cannot do when using social media for investigative purposes because "there are some ethical issues with social networking sites in divorce cases."



If you will accept anybody as your friend and my paralegal goes online and says will you be my friend and they say yes and they look at everything that's on your Facebook page, that's probably a violation of my ethical obligation to give full disclosure when you're talking to the attorney in a case. However, if your friend goes and does it before you go to see an attorney and they get all this information from Facebook, they haven't done anything wrong.

The best advice from this article is, "Think before you post."

Rosen also has an excellent blog, Divorce Discourse, which I highly recommend that legal professionals add to their RSS feeds, because he discusses everything from practice management to law office technology in a well-written and down-to-earth manner that is a pleasure to read.




Full post as published by Practical Paralegalism on November 23, 2009 (boomark / email).

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