We all need to vent, and there are times when we have important questions that need answers. But if you’re in a situation that might result in legal action, whether you’re the person filing it (the plaintiff) or the person accused of wrongdoing (the defendant), turning to social media is not a good idea.
There are many social media platforms, some of which include groups of landlords so they can discuss issues. Some platforms also offer opportunities for people to discuss legal challenges they face with people who may be lawyers, or they play one on the internet.
Social Media May Help in Some Situations
You could use social media to vent about tenants you’re tired of dealing with or government agencies that are making your life miserable. You may also genuinely need information about issues impacting your business.
There may be a benefit to commiserating with other landlords or getting a nugget of helpful information. Still, you’re playing with fire if the situation is serious, goes sideways, and the problem ends up in court.
The Discovery Process Forces Parties to Show their Cards
Part of the legal process is discovery. Both parties ask each other for relevant information and possible evidence in the case. The rules are fairly loose (though there are guardrails), and the parties can seek not just evidence that’s admissible at a trial but the request is appropriate if it just “appears reasonably calculated to lead to the discovery of admissible evidence.”
This can come in the form of questions (interrogatories), requests for copies of documents or data (request for production), a list of statements the other party wants you to admit or deny, and you can be put under oath and asked questions by the other attorney (deposition).
You May Need to Disclose to the Other Party Damaging Social Media Posts
Fair game in discovery may be social media posts concerning the case, whether or not you participate under your own name (like LinkedIn) or use an alias (like X or Reddit). Generally, what a party to litigation says before a lawsuit’s filed about the matter at issue is discoverable. This is true whether you’re talking about the problems to your neighbor, another landlord at a networking group, or post about it on Facebook.
What you post or say may be an admission of a fact relevant to the case or an issue pertaining to what’s being litigated. It may also be used to attack your credibility if you state one thing on social media but the opposite to the tenant.
That person to whom you made that admission may be subpoenaed to testify at a deposition or in court. You could be required to turn over copies of any social media posts discussing this issue.
This can be especially damaging if you’re discussing things that go to the heart of the issue with someone you think is a lawyer or can give you legal advice.
If you came to my office for a consultation, our conversation would be privileged and not be subject to discovery because you’re a potential or actual client. But if you have this conversation with others on social media, you’re not their current or potential client. It may be discoverable, the opposing party and their attorney may read it and take advantage of it.
What’s Worse Than Making Admissions on Social Media? Doing So Then Lying About It
When the opposing party asks whether you discussed relevant topics with anyone, you could lie about it and deny any related posts or conversations happened. But chances are good, one way or another, your lies will be exposed.
If you plan on lying to opposing counsel or the court to prevent damaging information from coming to light, I don’t want you as a client. Whatever I may earn representing you in your case is not worth the harm to my reputation.
Legal disputes are all about different recollections of events or conversations, parties have different opinions, and they have opposing viewpoints. That all comes with representing a client, but I have no interest in representing liars. If you’re lying to others, you’re probably lying to me.
Going beyond lying is, after becoming aware your damaging social media posts may come to light during the legal process, deleting them to prevent their use as evidence. That’s as bad as lighting admissible paper records on fire.
The legal system doesn’t like this kind of misconduct. If this comes to light, the judge may dismiss your case if you’re a plaintiff or not allow you to put on a defense if you’re a defendant (litigation would just be about the remedies you’ll provide and the money you’ll pay the plaintiff). You also risk being charged with a crime.
We’re Here to Help
If you’re a residential landlord and have questions about the law or need representation in a legal matter, AWB Law can help. We can discuss your goals, concerns, and what you should do next. Call AWB Law, PC at (949) 244-4207 or complete our online contact form today.
