why may a lawyer say the defendants may want to see my facebook

The mere fact that you use Facebook or any other social media is not enough of a basis for the Defendants to access your account. Vague assertions that your Facebook information might contradict your claims are not a proper basis for authorizing free access to your private Facebook account information.

Full Answer

Who is the Attorney for the defense attorney in the Facebook case?

Sullivan’s attorney, Janelle Caywood, told Courthouse News that it was a step forward for defense lawyers, who have problems getting access to public content. “This is the first blow to Facebook’s stonewall over user content,” she said. Facebook told Quartz it was pleased with the decision.

Can a judge recuse himself if the prosecutor is a Facebook friend?

Consider however the Florida case, Domville v. State, 103 So. 3d 184 (Fla. 4th DCA 2012), where it was determined that the judge was required to recuse himself from a case in which the prosecutor is a Facebook friend because it could create a fear that the defendant would not receive a fair or impartial trial.

Why did the FTC want to serve the defendants via Facebook?

The FTC, “for the sake of thoroughness,” also sought to serve the defendants via Facebook. The court noted that the FTC’s submissions regarding service via Facebook “suppl [ied]ample reason for confidence that the Facebook accounts identified are actually operated by defendants.”

Is it ethical for lawyers to become adversary's Facebook friends?

Whether it’s called mining or spying, becoming an adversary’s Facebook friend to obtain detrimental information that could be used in court crosses ethical boundaries, an attorney specializing in digital discovery says. “What may be fine for other people is not fine for lawyers because we are guided by ethical rules.

Can a lawyer request Facebook messages?

Yes, we can subpoena information from Facebook and other applications where the information is stored. Or, we can compel releases in order to obtain this information.

Can Facebook information be used in court?

Can those comments be used in court? Whether it's Facebook posts and comments, Instagram pictures, Twitter tweets or YouTube videos, the short answer is yes: both public and private social media content can be admissible in litigation.

Can lawyers look at your social media?

Publicly Available Social Media Information However, a lawyer representing a party (or anyone on behalf of the lawyer) is ethically prohibited from using deception to obtain information, including information posted on social media.

Do prosecutors look at Facebook?

When content is made publicly available, there is no expectation of privacy. As a result, The prosecution does not need to obtain a search warrant to seek this information – instead, they can simply go on social media and copy the information.

Can my Facebook messages be subpoenaed?

Federal law does not allow private parties to obtain the content of communications (example: messages, timeline posts, photos) using subpoenas. See the Stored Communications Act, 18 U.S.C. § 2701 et seq.

Do judges look at social media?

Judges' use of social networks And, like everyone else Page 2 2 on social media, they will read and view the news, comments, photographs, etc., of people who interest them. Some judges incorporate social networks directly into their judicial activity.

Are Facebook posts discoverable?

Courts generally have held that there can be no reasonable expectation of privacy in your profile when Facebook's homepage informs you that “Facebook helps you connect and share with the people in your life.” Even when you decide to limit who can see your photos or read your status updates, that information still may ...

Are private Facebook posts discoverable?

Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery.

Are social media accounts discoverable?

Generally, there is no privacy protections carved out in California for social media posts.

Can deleted Facebook posts be subpoenaed?

Facebook is aware of the potential goldmine of evidence that it holds and even provides the following direction on its Help Center: Federal law does not allow private parties to obtain account contents (ex: messages, Timeline posts, photos) using subpoenas.

Can prosecutors use social media?

Social Media Posts Can Be Used to Support the State's Case During the investigative and discovery periods of a criminal case, investigators, police, and prosecutors will often gather supporting evidence from social media. They can even use these posts to corroborate a witness or discount a suspect's statements.

How do I subpoena my Instagram records?

A government-issued email address is required to access the Law Enforcement Online Request System. Please note: For U.S. Law Enforcement: Law enforcement officials seeking Instagram account records must address their request to: Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA 94025.

Who wrote the lawyer's guide to social media?

In California, a prominent commercial litigator had to explain himself in court after he tweeted about a case and linked to documents that the court had placed under seal. 19John G. Browning, The Lawyer’s Guide to Social Networking: Understanding Social Media’s Impact on the Law (West 2010).

How to treat social media?

Treat social media no differently from more traditional forms of communication, subject to the same ethical rules. Have a working knowledge of the functionality of those sites, particularly privacy settings. And most important, refrain from posting anything online that you would not want your opposing counsel, a judge, or the bar disciplinary authorities to see.

Why was Aaron Brockler fired?

In June 2013, Cuyahoga County, Ohio, assistant prosecutor Aaron Brockler was fired after he posed as a murder defendant’s fictional “baby mama” on Facebook in order to communicate with two female alibi witnesses for the defense and try to persuade them not to testify. County Prosecutor Timothy McGinty had to withdraw his office from the case and hand it over to the Ohio Attorney General, but not before acknowledging that Brockler had “disgraced this office and everyone who works here” by “creating false evidence” and “lying to witnesses.” 11 James F. McCarty, Cuyahoga County Prosecutor Fired After Posing as an Accused Killer’s Girlfriend on Facebook to Try to Get Alibi Witnesses to Change Their Testimony, Cleveland Plain Dealer, June 6, 2013, available at http://www.cleveland.com/metro/index.ssf/2013/06/cuyahoga_county_prosecutor_fir.html.

Why did the New Orleans prosecutor resign?

Several veteran federal prosecutors in New Orleans resigned in the wake of revelations that they were anonymously discussing cases they were handling and parties they were investigating on a newspaper’s blog. 16 Sari Horwitz, New Orleans U.S. Attorney Resigns Amid Scandal Over Anonymous Online Postings, Wash. Post (Dec. 6, 2012), available at http://www.washingtonpost.com/world/national-security/new-orleans-us-attorney-resigns-amid-scandal-over-anonymous-online-postings/2012/12/06/c95c0d4a-3ef1-11e2-bca3-aadc9b7e29c5_story.html.

When did the Miami Herald fire the assistant public defender?

In 2012, an assistant public defender in Miami-Dade County (Florida) was fired after she posted a photo of her murder defendant client’s leopard print underwear on Facebook along with a snarky caption (she also posted some comments that questioned her client’s innocence). 15 David Ovalle, Lawyer’s Facebook Photo Causes Mistrial in Miami-Dade Murder Case, Miami Herald (Sept. 13, 2012).

Who fired Brand from the Batson hearing?

After reviewing the transcript of the Batson hearing, District Attorney Rosemary Lehmberg terminated Brand, saying that “his statements did not reflect my opinions or my values or those of our organization.” 25 Tony Plohetski & Jazmine Ulloa, DA Lehmberg: Prosecutor Fired over Racially Insensitive Statements, Austin American-Statesman, June 11, 2014, available at http://www.mystatesman.com/news/news/crime-law/da-lehmberg-prosecutor-fired-over-racially-insensi/ngJ2z/.

Did Illinois get suspended for a video of a drug buy?

An Illinois criminal defense attorney received a suspension following his posting on YouTube of a discovery video of an undercover drug buy in an attempt to sway public opinion (the lawyer, who also linked to the video on Facebook, later acknowledged that instead of depicting drugs being “planted,” the video actually appeared to incriminate his client). 17In re Gilsdorf, No. 12PR0006 (Ill. Att’y Registration & Disciplinary Comm’n Feb. 6, 2012), available at https://www.iardc.org/12PR0006CM.html.

Why did the FTC serve defendants via Facebook?

The FTC, “for the sake of thoroughness,” also sought to serve the defendants via Facebook. The court noted that the FTC’s submissions regarding service via Facebook “suppl [ied]ample reason for confidence that the Facebook accounts identified are actually operated by defendants.”

When did the petitioner post a picture on Facebook?

On September 12, 2014, in a New York child support proceeding, the court noted that the petitioner had, as recently as July 2014, posted photos that had been “liked” by the respondent, thus showing that the account is actively used by her. Since this was the only means by which the petitioner was able to locate the respondent, the Court allowed service via Facebook.

What is the FTC case?

The FTC alleged that the corporate and individual defendants were part of a scheme to defraud American consumers with fixes to non-existent issues with their computers.

When was service by email appropriate?

The court first noted that service by email was appropriate, based on the 2002 Ninth Circuit holding, since the defendants ran an Internet-based business, frequently used their emails for business purposes, and used their email to set up merchandising and advertising accounts.

Who wrote "you can find me in all social networks [sic]with this email address."?

In another email to WhosHere, Mr. Örün wrote “you can find me in all social network [sic]with this email address.”

Is social media service problematic?

Initially, service of a domestic individual by social media was more problematic. For example, in a lawsuit filed in the Southern District of New York against Chase Bank USA, N.A., Lorri Fortunato alleged, among other claims, that the bank violated the Fair Credit Reporting Act.

Is Facebook a novel concept?

While it “acknowledge [d]that service by Facebook is a relatively novel concept,” the court stated that “history teaches that, as technology advances and modes of communication progress, courts must be open to considering requests to authorize service via technological means of then-recent vintage, rather than dismissing them out of hand as novel.”

Who brought the lawsuit against the police?

The lawsuit was brought by Dennis Hernandez, who alleged he sustained permanent injuries after being struck by a police cruiser.

Who is Hernandez' attorney?

But Hernandez’s attorney, Michael Epstein, asked the director of the Office of Attorney Ethics to proceed with an investigation, which resulted in an OAE complaint with the District XIV Ethics Committee that alleged Robertelli violated Rules of Professional Conduct pertaining to:

Is it uncommon for a defendant to present pictures in a personal injury case?

It is not uncommon for defendants in a personal injury case to present pictures or other evidence that the injuries are not as severe as presented,” Lawrence said. The District Ethics Committee, when asked to review, found that Robertelli had done nothing wrong and refused to docket the matter.

Is Facebook spying legal in New York?

Facebook spying of this nature has been deemed forbidden in New York, Massachusetts and Pennsylvania, Lawrence said.

Is Forbes opinion their own?

Opinions expressed by Forbes Contributors are their own.

Is the District Ethics Committee's initial refusal to file a complaint final and unreviewable?

Robertelli also said the District Ethics Committee's initial refusal to file a complaint was final and unreviewable.

Is social media evidence?

We share our thoughts and oftentimes throw in a few strong opinions on different matters. However, social media is evidence and discoverable. Depending on the situation, your opinions can either hurt or help your court case.

Is everything you share on social media public record?

Everything you share on social media can become part of the public record – whether you want it or not. So use these tips to stay safe:

Did the FBI unlock an iPhone 5C?

Apple declined the request but a day before the scheduled court hearing, the FBI said they had found a third party able to assist in unlocking the iPhone. They later announced that they had unlocked it.

Can a friend publish a picture of you drunk?

“If a friend takes and publishes a controversial picture showing you drunk in public you may act against them for unfairly depicting you as drunk. But if you were actually drinking at that time, these photos will be used as evidence against you in a relevant proceeding,” he explained.

Should you document all communication with another party?

On the other hand, you should also carefully document all the digital communication you have had with another party up-to-date and be forthcoming about it if you want to maximize the success of your settlement.

Can social media be used to spy on you?

Be careful where you click. Risky apps and dangerous links sent via social media can give hackers access to spy on you, according to CBS News. Also, don’t respond to messages from strangers.

Can you get access to your personal device if you have a password?

Even if your personal device is password protected, it does not mean that the authorities cannot legally get access to it. Suspects and parties undertaking a trial can be served with a disclosure notice demanding them to reveal all passwords. Failure to comply can lead to further penalties.

Who sued Facebook for not keeping legal standards?

In June 2018, Attorney General Bob Ferguson sued Facebook with claims it had failed to maintain legal standards for political campaign ads ran in Washington state dating back to 2013.

Who sued Facebook for defamation?

In April 2018, popular journalist and TV star Martin Lewis sued Facebook for defamation, ...

What happened to Facebook in 2018?

In the first quarter of 2018, Facebook was hit with a major scandal that really pushed worldwide privacy worries over the edge; Cambridge Analytica. The ordeal that took place led to government investigations into Facebook’s processes, in particular regards to political campaign ads, and severely angered many users, to the point some threatened and tried to sue. One group got together to present a 27-page letter to Facebook, threatening a lawsuit on the grounds of breaching British data privacy regulations. In the US, many businesses and individuals filed very real lawsuits against Facebook, but the social media giant stood to defend them.

Why did Martin Lewis sue Facebook?

In April 2018, popular journalist and TV star Martin Lewis sued Facebook for defamation, on the basis that it is a publisher, over the use of his face in Bitcoin ads. Though Lewis tried many times to stop Facebook allowing scammers to use his face in ads without permission, Facebook failed to eradicate the issue.

Who sued Facebook for violating the Fair Housing Act?

More recently, Facebook has been sued by the Trump Administration, which joined a suit filed by the National Fair Housing Alliance for violating the Fair Housing Act and allegedly diverting housing ads away from potential tenants.

What happens if you breach the Data Protection Act?

Though, in the case of data privacy law and damages to the user, Marc Pettigrew, a specialist in IT Law from Waterfront Solicitors, had this to say: “In relation to breach of the Data Protection Act, if an individual suffers damage, they may be entitled to claim some form of compensation. ‘Damage’ could be in the form of a financial loss and/or showing that the individual has suffered some form of distress. To claim compensation, the individual would need to be ready to prove the level of damage claimed to have been suffered and it would be for the courts to decide whether that level of compensation is appropriate.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Why was the judge required to recuse himself from a case in which the prosecutor is a Facebook friend?

3d 184 (Fla. 4th DCA 2012), where it was determined that the judge was required to recuse himself from a case in which the prosecutor is a Facebook friend because it could create a fear that the defendant would not receive a fair or impartial trial.

Who said "It will be"?

Seeing this post, Judge Shore wrote, “It will be.”

Who represents the wife in the custody battle?

Grace represents The Wife in a contentious custody battle. Michael represents The Husband. The matter is pending before Judge Shore.

Is Facebook friend a violation of the judicial canons?

Jurisdictions are divided as to whether a judge violates the judicial canons by being a “Facebook friend.” For example, there is New York Opinion 13-39 (May 28, 2013), that states just being a “Facebook friend” without more is insufficient to warrant recusal, and it would be unreasonable to base a finding of impropriety on this factor alone.

Service of Process on Foreign Defendants Via Social Media

See more on lawpracticetoday.org

Service of Process on Domestic Defendants Via Social Media

A New Trend?

Conclusion