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How Lawyers Get Their Hands on “Private” Facebook Posts

on Sat, 03/23/2013 - 20:49
Fight Child Protection Department Corruption: 
How Lawyers Get Their Hands on “Private” Facebook Posts

This article is excerpted from the upcoming e-treatise, Wassom on Social Media Law.

It happens every day.  First, someone gets sued (or starts a lawsuit).  Then the “discovery” process of gathering information starts.  Today, one of the first places lawyers look in many types of litigation is their opponent’s Facebook page.  But that page is shielded from public view by its privacy settings.  Its owner refuses to comply.  Motions are filed.

Who wins?  It depends.

 

Discovery Rules Are Permissive By Default

Generally speaking, parties can “discover” (that is, force the other side or a third