Keith Magness Comments on Social Media Use in Civil Litigation

NEW YORK, NY, July 17, 2012

In recent years, social media has been celebrated for a number of reasons - it keeps people together and it keeps people informed. However, according to a recent article from JDSUPRA, social networking has a negative side too, as anything a person does on their Facebook or Twitter account can become damning evidence in a court trial. Keith Magness, an attorney in Louisiana, describes how important restricted online activity is during a court trial.

Many Facebook users believe their online presence is one separate from reality; while their comments and pictures may seem casual, they can have a whole different meaning to the justice system or a potential employer. As the article notes, many employers fail to hire a possible candidate based on his or her poor use of language, questionable photos or aggressive tone shown on their Facebook page. While many states have ruled this type of candidate selection is a form of discrimination, the fact remains that people often form an opinion of an individual based on a social networking site.

While Facebook has become an integrated part of society, it is unrealistic to expect every professional and individual with legal troubles to delete their Facebook account. In fact, the article states that "cleaning up" or deleting a page before a trial is sometimes considered a "spoliation of evidence." Instead, attorneys, such as Keith Magness, inform clients on the basics of how to control their presence online. Many are instructed to be more cautious of their friends, to make full use of privacy settings and to never state damning personal opinions on the website.

Keith Magness has learned through several family law cases that even when odds may be in the client's favor, Facebook evidence can change everything. Questionable online activity may sway the judge's decision of child custody and if any evidence surfaces to indicate that one spouse had an affair, the results can be devastating.

Magness instructs his clients to use caution. He concludes, "At a minimum, clients should understand that anything they post online may be used as evidence against them. If they continue to use social media, clients should not use those resources for emotional support or as a place to vent, as the material is likely to make its way into the opposition's hands."

ABOUT:

Keith Magness is an attorney serving the state of Louisiana. He is the founder of his firm, the Law Office of Keith L. Magness, LLC. He practices several areas of law including family law, automotive accidents, estate planning, criminal defense and contract disputes. Prior to becoming a respected legal representative, Magness served as a Military Police Officer in the U.S. Marine Corps Reserve in New Orleans, Louisiana. Today, Keith remains committed to his country by working to protect the law and ensure that the justice system operates with fairness to all citizens.

To learn more about his legal services and practice, visit www.magnesslaw.com.