The Impact of Social Media on Civil Litigation in Texas

In today's digital age, social media has become an integral part of our daily lives. We use it to
connect with friends, share experiences, and express our opinions. However, if you are involved
in civil litigation in Texas, it's crucial to understand the potential impact of social media on your
case. In this blog post, we will explore why it is wise to shut down social media and let your
attorney be your spokesperson during litigation. Remember, what you say online can and will be
used against you.

​Inconsistent Statements and Credibility

​During civil litigation, consistency and credibility are crucial. If you have an active presence on
social media, there is a risk of inadvertently posting something that could harm your case. Any
inconsistencies between your statements on social media and your legal claims can undermine
your credibility in the eyes of the court and opposing counsel. Your social media activity may be
scrutinized to identify any contradictions or discrepancies, leading to doubt regarding the
truthfulness of your case.

​Biased Perceptions

​While judges and jurors are expected to uphold impartiality, it is important to acknowledge their
human nature and susceptibility to the biases we all possess. Your posts, comments, and
photos can be misconstrued or taken out of context to feed into these biases, which can have
detrimental consequences for your case. Your activity on social media may be presented as
evidence to challenge your credibility, portray you in a negative light, or create biases in the
minds of the court or jury. Even if your posts were made innocently or without any relevance to
your current situation, they can still be leveraged against you, potentially jeopardizing the
outcome of your legal proceedings.

​Conflict Escalation

​It is important to be aware that what you post on social media may unintentionally provoke the
other party involved in your civil litigation. Even posts or comments that are not directly related
to the case can elicit emotional reactions and escalate tensions between both parties. This
escalation of conflict can obstruct the possibility of reaching amicable resolutions and prolong
the litigation process. Refraining from engaging in social media discussions or activities that
could exacerbate the situation is advisable during this sensitive time. By keeping a low profile
online, you can contribute to a more conducive environment for productive negotiations and a
smoother path towards resolving your civil litigation.

​Let Your Attorney Be Your Spokesperson

Given the potential risks and consequences associated with posting on social media during civil
litigation, it is best to temporarily deactivate social media profiles until your civil case is resolved.
By doing so, you can protect yourself from inadvertently sharing information or engaging in
discussions that may negatively impact your case. During this crucial time, it is important to
have a qualified and experienced attorney by your side, who will diligently represent your case.