Partner Sara Plant got together with the South Wales Evening Post to explain how this modern legal phenomenon has downsides as well as all the ups.
Here's the full draft of her feature.
Rash words can be costly
Millions of us use online phenomenon Facebook every day. To many it’s an addictive attraction of modern life; fun for friendship, brilliant for business. However, it should be handled with care. Here, solicitor Sara Plant, of Swansea law firm Peter Lynn and Partners, reveals how social media content is being used increasingly often in divorce proceedings across Wales.
The Social Network has been an astonishingly successful film since its release last month.
It tells the amazing true story of how internet social networking website Facebook came to be - and how it resulted in high-profile lawsuits.
The drama is built brilliantly on a wholly modern phenomenon, thoroughbred entrepreneurial spirit and the relationship changes that take place in an adrenaline-fuelled cocktail of friendship, ambition and global business.
Pals
Its stars include Jesse Eisenberg and Andrew Garfield as American college pals Mark Zuckerberg and Eduardo Saverin, and Justin Timberlake as online music pioneer Sean Parker.
The jaw-dropping moments include a police raid which finds Parker arrested for cocaine possession whilst celebrating Facebook's millionth member.
Back in the here and now, however, Facebook and other social media sites are the subject of an increasing number of legal proceedings of a much different nature.
These are the cases that involve thousands of ordinary people from a much less rarefied background to that of multi-millionaire Zuckerberg.
They are the divorce proceedings happening in every community where Evening Post readers live.
It’ll come as a shock to many to learn that all our matrimonial lawyers at Peter Lynn and Partners habitually use social media sites as they collect evidence on behalf of clients.
Thought
Why? Well, first, there’s the fact that many individuals simply don’t apply the whole thought process before they upload.
Hence, Facebook postings reveal wives being a little too open about their behaviour and husbands lying about their whereabouts. Photographs tie you down to a time and place. There’s little point trying to convince a court that you were somewhere else doing something far more innocent.
A recent court statement from a wife allegedly abused and harassed by her ex-husband may be: “I was devastated and couldn’t face anyone.” Yet we then produce Facebook photos showing her out laughing and joking at parties shortly after the split and during the alleged period of torment.
Social media also finds individuals bragging about business success or giving financial details that they choose not to deliver in the divorce court. Once it’s in black and white on a public computer screen it’s difficult to hide it from a solicitor.
Feeling
Compromising photos are posted – having a cuddle at an office party, for instance. These can trigger bad feeling in marriages and ultimately, separation.
Now, I do hope that I’ve not painted legal firms as the pantomime baddies here. That, of course, is far from the case. Most social media information is public - that’s the nature of Facebook, Twitter, YouTube and so on; it’s what makes them so addictive and popular.
It’s within everybody’s rights to access this information so lawyers are only doing what any member of the public can do.
And don’t think it’s just divorce cases that are being affected by Facebook. Employment law is another big area, as are contact and residence disputes. We are also being asked to advise more and more on defamation following highly contentious postings.
Damning
As long as Facebook users continue to inform “friends” about personal issues and give frank personal details, lawyers will continue to look there for damning evidence.
Of course, legal proceedings should be avoided where possible; they can be expensive and traumatic.
So here’s what I suggest when it comes to using social media:
- Never be disrespectful of your spouse (or others)
- Don’t flaunt your extra-marital exploits
- However tempting it may be, don’t post those photos which could later be misconstrued
- Keep extreme matters to yourself – don’t brag about expensive new buys or incredibly glamorous holidays
- Use your common sense and think carefully before any posting. Assume that everything you put on Facebook can - and will - be used against you in court one day.
