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Social Media and Private Communications

Nov 05, 2017

In this modern day and age when everything is online and even businesses have social media pages it can often be difficult to discern when it is appropriate to use websites like Facebook, Twitter, Myspace, and other social media platforms to contact professionals. However, it is especially important that you reconsider the use of these platforms to contact your attorney. This is not only because it is not encouraged by most professionals but also because of specific privacy protections granted to communication between a client and an attorney.

You might have heard of this protection as Attorney-Client privilege. This privilege dictates that your attorney is bound by the rules of ethics not to disclose any of the information you share with them unless circumstances are dire or you give them express permission. The flip side of this is that in order for the communication to be considered privileged it must only be between you and your attorney. So conversations in a crowded coffee shop, telephone conversations that someone overhears, and meetings with multiple people will not be granted this privacy protection.

When it comes to online communications the line becomes a bit more blurred about what a ‘private’ communication is. Courts have upheld email as a private communication between attorney and client because attorney’s take specific steps to protect the information contained in them. You might also see a disclaimer at the bottom of an email you receive from an attorney that references the private nature of the communication. Social media websites are less secure than private email and have been subject to publicized lapses in privacy protections. With this being the case communications over Facebook Messenger, Twitter, and other social media platforms might not be considered private and may not even be secure.

It’s a good idea to check your privacy settings on your social media websites from time to time and when you are trying to get legal advice give me a call at (360) 685-0145 or contact me through this secure website.

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