The Tech Savvy Lawyer

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My Two Cents: DON'T BE STUPID WITH YOUR SOCIAL MEDIA – IT MAY LEAD TO A BAR COMPLAINT OR WORSE!

One would hope Attorneys would not be as stupid as some criminals can be but . . .

Does anyone remember the free paper copies of the local city papers from a couple of decades ago?  You might find them at a metro station, local coffee shops, or even in your grocery stores.  They had a section toward the back like "News of the Weird" or "Stupid Criminals."  A truck full of toilet paper collides with a tanker truck full of sewage, or a Bank robber holds up a teller wearing sheer pantyhose.  Some of the postings I see on social media hearkens me back to those days – the medium may change, but people's lack of common sense remains the same – and some attorneys seem to have that same lack of common sense!

Lately, we have seen how federal authorities have been arresting people who posted their assault on Congress on social media.  This has just made identifying and finding them for arrest easier.  (I can only imagine the convictions based on the video and the self-identification on a social platform.)  But apparently, attorneys are not heading the blatant warnings they should be giving their clients – don't talk about your potential crime in an open public forum (note, I'm not suggesting your client lie to the authorities but remind your client that they should not discuss their case with anyone).  Social media activity gives a sense of anonymity, but that sense of security is false.  Your activity can easily be traced through warrants and IP addresses.  Yet, this knowledge is not heeding attorneys from being stupid.

I recently posted an editorial about how IMTC you should not respond to online criticism.  But, I write this editorial in response to a recent article where an attorney basically advises in a Facebook posting how to commit a crime! Dark humor or not, don't be so stupid thinking that what you say to others in any forum has some sense of unwritten anonymity and will likely not come back to bite you in the end.  IMHO don't be that attorney.

MTC.