“Post at your own risk” may one day be the warning label on social media sites, but for now it is up to the discretion of the individual. Abbey Spanier associate Jeremy Nash provides a cautionary tale on the firm’s website that might surprise some lawyers.
The example in point is Largent v. Reed. The personal injury case resulted from a motorcycle-automobile accident, and during the deposition of one of the plaintiffs, Jennifer Largent, the defendant learned that she had a Facebook profile that she used regularly. Plaintiffs counsel informed the court that it would not voluntarily turn over information about the account. The profile had been public earlier, but then she changed the setting to “private.”
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