Client Social Media Discovery for Plaintiff Attorneys

Case Law

Social Media Used as Evidence in Court Cases

M.J.M v A.D., 2008 ABPC 379

In M.J.M v A.D., social media posts were used to establish that the father could not act as a principled-decision maker for his child, despite seeking primary guardianship.

The Court found that the father posted demeaning content about the co-parent on Facebook. An aggravating factor that led to the denial of custody was that the child in question indirectly was exposed to the content of the posts despite his young age.  The father countered that the posts were made purely for enjoyment purposes, but the Court was not persuaded. The guardianship application was subsequently denied.

D.(G.), Re, 2014 ABQB 469

Similarly, in D.(G.), Re social media posts were used to deny the appeal of a mother for permanent guardianship and parental rights. The mother persistently posted information on Facebook and YouTube that included information and photographs of her child that may have led to child exploitation. Despite orders to remove the social media posts, the mother continued posting questionable content. The Court characterized this behavior as pigheaded as exhibiting “lack of sound judgment and awareness of threats to the Child.” As such, the mother’s appeal for guardianship and parental rights was denied.

In both the M.J.M v A.D and D.(G.), Re decisions , the parent seeking guardianship of a child argued that attempts were made to anonymize the identity of the subjects mentioned on social media. However, the Court rejected this argument as the posts were made on a publicly ween profile where people within the party’s social network knew or could reasonably assume who the recipient of the content was.

Social media is being used as evidence in personal injury cases and you can no longer ignore what your clients post online. Private Footprint is a powerful tool that allows lawyers to quickly view, organize, and make sense of the overwhelming volume of social media content generated by clients. You can easily monitor social activity for each client separately, flag specific posts, and quickly generate detailed reports which document your client’s lives before and after life-altering events.

Contact us today to learn more about Private Footprint and how you can start protecting the value of your files.

Make Sure Your Clients' Social Posts Aren’t Damaging Their Files