Client Social Media Discovery for Plaintiff Attorneys

Why Do This

Social media investigation is the new surveillance being used by insurance companies – you can no longer ignore your client’s social media activities

The Landscape has Changed and You Need to Adapt

Do you really know your client? Many will have information in their social posts that they will never share with you – much of it beneficial but some of it damaging. Be informed, reduce your risk, and leverage the power of their content to increase the value of their file.

✔ Decide early if you really want to take on this client.

✔ Notice issues that may decrease the value of your file.

✔ Pre-date-of-loss reports help you increase your settlement value.

✔ Get ahead of the curve and avoid the Discovery Surprise.

✔ If you see problems early, it may encourage you to settle faster.

✔ Your clerks and support staff will save hours building reports.

✔ Easy to make part of your retainer agreement for every client.

✔ A one-time disbursement which costs less than a clinical note.

Six Reasons Why Social Monitoring Has Become Critical

1.  Surveillance has Moved Online

Not long ago, you worried mostly about physical surveillance of your clients’ activities. Today, it’s all on social media and insurers (and other opposing counsel) are working hard to uncover your clients’ online profiles in order to invalidate their claim.

2.  Changing Client Behaviors is Hard

Clients recovering from an accident or illness will often deny their social media usage to their lawyer because it is one of their few remaining outlets. But their posts can be misrepresented by opposing counsel and difficult to explain to a jury, thereby hurting their case.

3.  You’re Leaving Money on the Table

Painting a picture of your client’s life before their injury or illness helps you build a stronger case. By using pre-date-of-loss social history, you can build a compelling report in minutes that can help increase settlement values.

4.  Settle Faster. Settle Smarter

Ongoing monitoring helps you notice issues that may decrease the value of your file. Get ahead of the curve and avoid the Discovery Surprise. If you see problems early, it may even encourage you to settle faster and for a better overall outcome.

5.  Don’t Take on Unnecessary Risk

Prospective clients may tell you one story, but their social history tells another. By the time you first meet them, the damage may have already been done. Quickly run a report of their social accounts to assess if they are indeed a file you want to take on.

6.  Your Clients Are Not Good at This

You ask your clients to bring you pictures, videos and items to show how their lifestyle was before the accident. Often the information is disorganized and selectively chosen, leading to missing information. Instead, pull their entire social media history in an instant and find years of potential information.

Clients’ social media activities can no longer be left to chance.

With Private Footprint

  • Be alerted to a client’s dishonesty and cut your losses early (or reject the file in the first place)
  • See everything a client has posted. They can’t use access levels or blockers to hide content
  • Get an accurate and unbiased look back at client history
  • Be informed ahead of time of your client’s social media history well before a discovery/deposition
  • Generate reports with any date range in minutes for discovery/deposition prep, mediation or settlement memos, or evidence at trial
  • Be able to explain to your client why their questionable ongoing social media posts are likely to create a negative image of them and impact their case
  • Clients authenticate all their social platforms so you have access to everything on one dashboard without asking them for the login info
  • Most clients will automatically reduce or stop their social media activity because they know they’re being proactively monitored

Without Private Footprint

  • Be surprised by a client’s poor decision and dishonesty months or years into their case
  • Wonder if your access level is being limited to only a portion of their posts
  • Rely on the client to remember what they posted and to tell you the complete story
  • Learn about your client’s questionable social media activities 2 years into your case at their discovery/deposition
  • Spend hundreds of hours manually compiling reports by copying and pasting pictures and text and then formatting it all
  • Be surprised when the opposing side shows your client’s questionable ongoing social media posts, making it difficult, if not impossible, to rehabilitate your client’s image
  • Follow each client on each of their different public platforms or convince them to breach their privacy by logging into their accounts manually