My Two Cents: Why isn't Internet Security Better? What does "Boston Legal" have to do with this post?
/Products have labels reminding the "average" consumer not to do certain things with their products. Don't operate machinery while using a product that causes drowsiness. Don't place a product's bag on your head, as you may suffocate. Don't touch the product when the product is hot. These warnings are made because an "average" consumer was missing common sense. I can't wait for the first lawsuit when YouTube, TikTok, Instagram, or one of their competitors gets sued because a person gets injured while creating a post for its platform! While the sheer entertainment value of such a lawsuit will be interesting, the focus of this MTC is about an important reminder many attorneys should be giving their clients - don't make a media display of their legal issue.
There may be times a press announcement or interview would be prudent. But, as one TikTok creator learned the hard way, don't make a posting of you admitting to or committing a crime. TikTok influencer Katie Sigmond, with 6.9 million TikTok followers, posted a video of her hitting golf balls into the Grand Canyon. Then throwing the golf club into the crevasse: NBCNEWS.com reported "[She] had been charged with three misdemeanors for the stunt, including 'tossing items into the Grand Canyon, littering and creating hazardous conditions with disorderly conduct,' The Arizona Republic reported." Note the word "average" above is in quotations. The average person likely does not have the common sense, let alone legal training, about not posting illegal pranks, commission of crimes, or admission of self-interests on the internet. This is how some of the people who entered Congress on January 6, 2021, found themselves in trouble with the law.
Remember, as lawyers, we can't advise our clients on how to commit a crime, and we have to report to the authorities if we know a client is going to commit a crime. But consider that authorities or opposing parties will search the Web for your client's internet activities. In many legal matters, once a client has retained you, remind them not to talk about their case! Especially on social media!!!
MTC.