Client Social Media Discovery for Plaintiff Attorneys

In The News

In a recent article from FamilyLLB, the legal consequences of social media actions were highlighted through the case of a Facebook smear campaign. This situation underscores the critical need for plaintiff attorneys to vigilantly monitor their clients’ social media activities.

In the Ontario case, G.J.B. v. D.R.K., 2019, a wife launched a Facebook smear campaign against her ex-husband in a bid for revenge. The posts she made were not only defamatory but also had the potential to influence public perception and court proceedings. This case reveals how personal vendettas can escalate into legal battles, with social media serving as the battleground.

Legal Implications of G.J.B. v. D.R.K., 2019

Social media posts, like those in this case, can be pivotal in legal battles. They serve as tangible evidence that can be used to establish intent, malice, and the impact on the defamed party. For attorneys, every post, comment, or share by a client can either bolster or undermine their case. In this scenario, the wife’s defamatory posts could significantly affect custody arrangements, alimony decisions, and overall reputation in the community.

Client Guidance for Attorneys

Educate Clients

Attorneys should educate their clients about the potential legal repercussions of their social media activities. It’s important to inform clients that even seemingly harmless posts can be misconstrued or used against them. Advising clients to avoid posting anything related to their case or the parties involved is crucial. Encouraging clients to think twice before posting and maintaining a respectful and neutral online presence can prevent many issues from arising.

Regular Monitoring

Regular monitoring of clients’ social media activities is essential. Using tools like Private Footprint allows attorneys to proactively review and analyze these activities, ensuring they are aware of any potentially damaging posts before the opposition can use them against their client. With Private Footprint, attorneys can save significant time and resources.

Instead of spending hours manually sifting through social media activity, they can use on Private Footprint to do so in minutes, allowing them to focus on developing their case strategy and effectively representing their clients. This efficiency not only improves operational efficiency within the firm, but also enhances the attorney’s ability to protect their client’s interests. Additionally, examining historical social media activity is crucial, as past posts can be a treasure trove of information to build a client’s backstory.

Advise on Privacy Settings

Advising clients on privacy settings can help mitigate risks. While complete control over what clients post isn’t possible, recommending stricter privacy settings can limit the audience of their posts and reduce potential harm.

Clients should review and update their privacy settings regularly and be selective about their online connections, particularly during ongoing legal proceedings. Cautioning against accepting friend requests from unknown individuals who could be adversaries in disguise adds an extra layer of protection.

Implement a Social Strategy

Implementing a social media strategy is another critical step. Developing a strategy for managing your clients’ social media posts, including how to respond to negative posts and when to remain silent, can provide clarity and control.

Encouraging clients to consult their legal team before making any significant online statements, especially if they’re emotionally charged or related to ongoing litigation, ensures that their actions are considered and legally sound. It can also be best to avoid posting altogether.


The case discussed in the FamilyLLB article is a stark reminder of the powerful impact social media can have on legal proceedings. By educating clients and actively monitoring their social media activities, attorneys can better manage risks and protect their clients’ interests. Using specialized tools like Private Footprint makes this task more efficient

Private Footprint is the solution for to easily gain visibility into client social media content – with their full permission. With its intuitive tools and organized dashboard, you can streamline your social media evidence management process, maintain standard of care, and build reports with ease. By implementing Private Footprint in your operations, you ensure a structured approach to client social media evidence handling, allowing your team to focus on delivering the best outcomes for your clients.

Don’t let the challenges of client social media evidence overwhelm you—empower your practice with Private Footprint. Get your free demo today!