Be careful what you post.

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Tom-D

Tom-D

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Tom-D
Today, I was shown in court, a Thread I made a post in, lawyers do watch these webpages, simply because the can google your name, and see what you post ..

be warned , be armed.
 
Clip4 said:
Did you post under your real name?.
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No,, but every one knows who I am. some even have my e-mail and phone.
It just surprised me the defendant's lawyer would use a thread from here.
 
Tom-D said:
No,, but every one knows who I am. some even have my e-mail and phone.
It just surprised me the defendant's lawyer would use a thread from here.
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Now I understand. Just glad everyone doesn’t know my real name is Maynard Runkle. You know, the Runkles of Pepper’s Point.
 
An internet post in court??? I’m not a lawyer, but that one seems odd. Anyone can tell fibs here. I don’t believe forum rules puts you under oath.
 
Kritchlow said:
An internet post in court??? I’m not a lawyer, but that one seems odd. Anyone can tell fibs here. I don’t believe forum rules puts you under oath.
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I wasn't there, but it sounds from the description like it was being used to bring out either consistencies or inconsistencies between testimony being given in court and prior statements elsewhere or to challenge credibility in some way.

Pretty standard fare. New source of information but very old evidentiary rule. A cross-examination standard because of how effective it can be in challenging a witness' reliability and credibility when used well.
 
midlifeflyer said:
I wasn't there, but it sounds from the description like it was being used to bring out either consistencies or inconsistencies between testimony being given in court and prior statements elsewhere or to challenge credibility in some way.

Pretty standard fare. New source of information but very old evidentiary rule. A cross-examination standard because of how effective it can be in challenging a witness' reliability and credibility when used well.
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Seeing as though I’m not a lawyer, and do not pretend to spout the law, I actually posted that in hopes you would respond.
Thanks.
 
Tom-D said:
No,, but every one knows who I am. some even have my e-mail and phone.
It just surprised me the defendant's lawyer would use a thread from here.
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There have been multiple seminars given to lawyers over the past 10 years or so on social media and it's use (and misuse) as a legal tool. (I've given a few of them) It's a hot topic. There are also a number of state legal ethics opinions saying lawyers are required to understand it in order to give competent representation to their clients. So I'm not all that surprised.
 
I was recently involved in a case where the plaintiff's lawyer brought out pictures of the event in question from Facebook. Not my personal Facebook but posts from others he managed to find. I was somewhat surprised to see large blowups of screenshots of FB posts. Didn't really help his case much, but made one think about what you post.

As for posting under a screen name, it only slows someone down. I had a friend once with just a small amount of sleuthing track down what forums I post in and what screen names I used.
 
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Stewartb said:
Or maybe you should just tell the truth?
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Sometimes it's about lying. But often it is not. People's memories of events change. People's opinions change over time. That's assuming we are talking about inconsistencies to begin with.

That's not always the case. In one of the examples I used in my presentations, it was about a young girl who boasted on Facebook that the company was paying for their vacation after her father settled an age discrimination case. Unfortunately there was a confidentially clause connected with a major part of the settlement.
 
A judge reading my posts would likely end up with me in the nut house. If that happens I plan to scoot around in my wheelie chair making Airplane noises. Do you get conjugal visits in the nut house?
 
That's why I don't post ANYTHING ANYWHERE that I wouldn't want anybody to see or read. I don't even sent texts to anyone that could be misconstrued to mean something else.
I don't have, or want, to have a password to open my phone. I have absolutely NOTHING on it hide, I don't care who picks it up and scrolls through it. The only pictures I post anywhere are ones of a project, a cool place I've been or seen, etc.
I don't even argue with anybody on a forums page, etc.
 
midlifeflyer said:
That's not always the case. In one of the examples I used in my presentations, it was about a young girl who boasted on Facebook that the company was paying for their vacation after her father settled an age discrimination case. Unfortunately there was a confidentially clause connected with a major part of the settlement.
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I remember that when it was headline news. That was a short-lived vacation. For those who didn't read the article...dad had to repay all the settlement $ because of his daughter's post.
 
Tuesday night I was hit from behind while stopped at a traffic light and ended up in the ER. Don't think that I'm not incredibly careful about every single text, email and internet post regarding the accident.

And I really need to get a front/rear dashcam.
 
Typical of the Requests for Production that insurance defense lawyers send out ...

1. Please produce ********’s electronic devices, including, but not limited to, cell phone(s), computer(s), cameras, iPod(s) and/or iPad(s) to forensic expert [name, address redacted] for evaluation, identification, examination, collection and preservation of all digital evidence contained on ********’s cell phone(s), computer(s), iPad(s) and/or iPod(s).

2. Please produce a copy of ********'s electronic device records, including but not limited to, cell phone records for any and all cell phones identified in response to Interrogatory Nos. 3, 4 and 7 including, but not limited to, any and all text messages received or sent by ******** on any phone from the date of the accident to the present date.

3. Please produce ********’s electronic devices, including, but not limited to, cell phone(s), camera, iPods, iPad(s) and/or computers he used from the date of the accident to the current date.

4. Please produce an electronic copy/.PST file of ********’s personal and/or work Outlook files/folders, including, but not limited to, calendars and emails (inbox, sent, deleted and/or archived).

5. If you have a Facebook account, please provide a complete zip file of your Facebook information. This can be accomplished on the Facebook website by going to Account, selecting Account Settings, and then clicking the "learn more" link on the line that states "Download Your Information." Follow the directions contained on that page and provide the resulting zip file via e-mail, CD/DVD, or thumb drive, as you prefer. If you choose one of the latter options for production and would like a CD/DVD or thumb drive provided to you, please advise and one will be provided by the undersigned.​

One of the partners in our law firm was formerly an insurance defense attorney. Going to the claimants' FB page first thing was S.O.P. in his former practice, and for the insurance companies he worked for. They want to harvest whatever they can online as soon as possible, in case the claimant later starts deleting things.
 
I'm an arbitrator. The orgainziation I work for requires us to disclose our social media IDs. Better to get any potential conflicts out before the hearing than to have a lawyer come back and argue that we hid some conflict of interest from him. I just pity the associate they give hunting up all the flyingron posts to.
 
Kritchlow said:
An internet post in court??? I’m not a lawyer, but that one seems odd. Anyone can tell fibs here. I don’t believe forum rules puts you under oath.
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When you are sworn in court, and are asked "did you post this"
 
Salty said:
You really thought writing on a public board wouldn't be open to use in such a way?
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:yeahthat:

The old adage was "Don't post anything on the internet you wouldn't want on the cover of the New York Times."

The things I see people post on here and on Facebook in a lot of cases make me shake my head, as well as their privacy settings (or lack thereof) on Facebook.

The only thing that comes to my mind that seems to have completely disappeared from the internet was the LearBaron video, and I'm not quite sure how that managed to be.
 
Pilawt said:
Typical of the Requests for Production that insurance defense lawyers send out ...

1. Please produce ********’s electronic devices, including, but not limited to, cell phone(s), computer(s), cameras, iPod(s) and/or iPad(s) to forensic expert [name, address redacted] for evaluation, identification, examination, collection and preservation of all digital evidence contained on ********’s cell phone(s), computer(s), iPad(s) and/or iPod(s).

2. Please produce a copy of ********'s electronic device records, including but not limited to, cell phone records for any and all cell phones identified in response to Interrogatory Nos. 3, 4 and 7 including, but not limited to, any and all text messages received or sent by ******** on any phone from the date of the accident to the present date.

3. Please produce ********’s electronic devices, including, but not limited to, cell phone(s), camera, iPods, iPad(s) and/or computers he used from the date of the accident to the current date.

4. Please produce an electronic copy/.PST file of ********’s personal and/or work Outlook files/folders, including, but not limited to, calendars and emails (inbox, sent, deleted and/or archived).

5. If you have a Facebook account, please provide a complete zip file of your Facebook information. This can be accomplished on the Facebook website by going to Account, selecting Account Settings, and then clicking the "learn more" link on the line that states "Download Your Information." Follow the directions contained on that page and provide the resulting zip file via e-mail, CD/DVD, or thumb drive, as you prefer. If you choose one of the latter options for production and would like a CD/DVD or thumb drive provided to you, please advise and one will be provided by the undersigned.​

One of the partners in our law firm was formerly an insurance defense attorney. Going to the claimants' FB page first thing was S.O.P. in his former practice, and for the insurance companies he worked for. They want to harvest whatever they can online as soon as possible, in case the claimant later starts deleting things.
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Wow talk about a fishing expedition! That is insane that they can ask for someone to open up completely there entire digital life/privacy.
 
user x with screen name y posts stuff on an internet forum. how is anyone going to prove the post came from that user?
 
Tom-D said:
lawyers do watch these webpages
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In the last 10 years or so when providing certain consulting services I was asked to list my internet presence to include social media, published blogs/articles, etc. In more than half of those consulting jobs part of the research package included copies of other people's online comments. There are even some people who specialize in researching a persons online activity and have been known to write specific algorithms to find specific people. And most of those individuals came from google, amazon, or netflix. It's a fact of life in a digital age.
 
Lance F said:
One of the best aviation forums out there is BeechTalk. One of the things that’s makes it so good is that the use of real names is required. IMHO most forums , including this one, would be better with this rule.
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weird, I look at it as the worst reason. the internet doesn't need to know my real name for any reason whatsoever.
 
Or just take a page from HRCs book and bust out the hammers lol
 
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