Keith Magness: Social Media Plays Big Role in Civil Litigation

PHILADELPHIA, PA, September 19, 2012 (Press-News.org) While many may praise social media for its ability to help connect communities through the Internet, such convenient platforms of speech may negatively affect the results of legal matters. A recent article from Reuters reveals, "According to a 2010 survey conducted by the American Academy of Matrimonial Lawyers, 81 percent of their members said that they had seen an increase in the number of cases using social networking evidence during the last five years." Although many may feel protected under the umbrella of social media, or may not even realize that online posts could be damaging, attorney Keith Magness encourages all individuals to use caution when using social media platforms during litigation.

Although a post may seem trivial to an individual, the article reveals that many things that people say online can be viewed as libel by the court, and create additional legal complications for the individual. According to the article, individuals pursuing divorce who express opinions about their ex-partner may face criticism from the court, especially if the published claims were untrue. The same is noted to be true for those involved with a child custody disagreement.

The article also explains that seemingly irrelevant posts on sites, such as Facebook, could harm the outcome of the case. It the article, Adam Swickle, a divorce attorney in Fort Lauderdale, Florida, states, "In a divorce case, there's nothing better for the other side when you have someone claiming they have no money for spousal or child support, and yet they're talking on Facebook about the vacation they just took." While some judges may order a gag order in specific cases, Keith Magness notes that it is usually a smart move to avoid social media altogether during a trial.

Keith Magness concludes, "All civil litigants, especially those involved in family law matters, should strongly consider deactivating their social media accounts until after their case is resolved. If this is unacceptable or otherwise not an option, individuals should not use social media for emotional support or a place to vent, as the material is likely to land in their opponent's hands and be used against them."

ABOUT:

A Louisiana-based lawyer, Keith Magness is the founder of the Law Office of Keith L. Magness, LLC. As an attorney, Magness provides legal assistance in numerous practice areas, including criminal defense, family law, contract disputes, estate planning and automotive accidents. Prior to entering law school, Keith Magness was a Military Police Officer in the United States Marine Corps Reserve and was based in New Orleans, Louisiana. Today, he continues to uphold the laws set forth by the United States government by representing his clients.

For more information about Keith Magness and his practice, visit www.magnesslaw.com.