Lancaster and St. Louis, PLLC
Schedule a Consultation Today
Call: 704-743-4204
View Our Practice Areas

Is your social media discoverable in a court of law?

In the new world of social media, the law doesn’t need to request you as a friend. Social media is discoverable and can be used as evidence in a court of law. Updating your privacy settings cannot keep the law out. In a recent survey, 52 percent of lawyers interviewed said they had seen a rise in cases involving information on social media platforms.

Before you delete anything, get some counsel

One of the largest social media decisions came out of a Virginia court in 2013. In the Virginia case, a husband was seeking damages for emotional distress, resulting from the death of his wife in a motor vehicle accident. However, the husband’s Facebook page displayed pictures of him at a party holding beers and wearing a shirt with the words ‘I [heart] hot moms’ and in the company of other young adults.” His attorney suggested that he “clean up” his Facebook page, which included deleting 16 pictures before deactivating the account. The court sanctioned the client and his counsel for “spoliation of social media evidence.”

Private or not? Its up to the court

Opponents of social media discovery contend that the information on a person’s social media should be considered private. The courts often disagree if the information contained on social media is relevant to the issues the court is facing.

If your social media is called into question, it is important for you and your counsel to ask whether or not the information is inherently relevant to the case. Does it actually relate to the case the other party is making against you? Regardless, before you hit delete, you need to consider the impact that might have on any legal case, including matters like divorce and custody.

No Comments

Leave a comment
Comment Information


"As a dad in a child custody case, I was very scared that I would not get enough parenting time with my young daughter. But, these two attorneys believed in me and helped me get a 50/50 week on/off schedule from the Judge for my daughter. Their hard work and determination blew me away, and I am forever grateful." -F.

Read More
Email Us For A Response

Guiding Your Family Forward

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Lancaster and St. Louis, PLLC
891 Central Drive NW
Concord, NC 28027

Phone: 704-743-4204
Fax: 704-792-1279
Concord Law Office Map

Lancaster and St. Louis, PLLC

Contact us