The small act of sending someone a friend request in litigation could get you into big trouble. Before selecting the little blue “Add friend” button on Facebook, take a moment to consider the serious ethical violations that may result from sending a friend request.
Let’s say you represent Acme Corp. One of Acme’s employees left for a competitor and Acme is now losing customers to it. You sued the former employee for tortious interference with Acme’s customers. After filing the complaint, you learn the former employee is “Facebook friends” with his new coworkers (potential witnesses) and some of Acme’s customers. You want to investigate the former employee’s Facebook profile to obtain information about the case, but the former employee’s Facebook privacy settings prohibit you from seeing most of his Facebook profile.
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