Social Media’s Potential Impact on Your Lawsuit

Concerned about Social Media Legal Risks? Our civil litigation attorneys can help in Berks, Lehigh, Northampton, Bucks, Montgomery, Philadelphia, Chester, Delaware, Lancaster, Lebanon, Dauphin, Schuylkill, York, Carbon, Luzerne, Monroe, Columbia and Northumberland counties.

If you are currently involved in civil litigation, you need to understand how social media can affect the outcome of your case. According to Hootsuite, more than 4.74 billion people worldwide use social media – Facebook, Twitter, Instagram, YouTube, Tik Tok, etc. Over 75% of the world's population (ages 13 and up) and 76% of North Americans use social media.

These statistics probably come as no surprise, and you might be hard-pressed to find a friend with NO social media presence. Social media is a great way to keep in touch with family, let people know what you're up to, share information, catch up with old friends, etc.

You've probably also heard about social media's harmful effects on people's lives. Someone makes a comment that offends their cousin, who never speaks to them again, or someone sees a picture from a party they were not invited to and becomes hurt or angry. And if you're involved in a lawsuit, anything posted (by you, a friend, or anyone) can have a negative impact on the outcome of your case.

You might think, "No worries. All of my social media accounts are private." Nothing could be further from the truth. Aura reports, "…in some cases, posts you share privately with friends or in private groups can be shared publicly without your permission. And if your friends don't follow the same stringent social media privacy settings that you do, anyone could access this information…"

Furthermore, while each state has its own laws regarding public records, social media is considered public record in every state. Therefore, if you are involved in a lawsuit, you may be required (by court order) to share all of your social media posts. And remember… social media – including posts, comments, messages, tags, etc. - is a permanent, digital record of everything you or anyone else has posted. Even deleted posts can sometimes be recovered.

Every picture or statement you make on social media can have an unintended negative effect on the outcome of your civil litigation, leading to lower compensation or no compensation at all. For example, let's say that your lawsuit claims that you hurt your back after falling on a slippery floor in the grocery store, causing pain and suffering and the inability to work.

Then you post a picture of you checking in at the gym. To a jury, it will look like you're exaggerating or making up your injury – even if you're just at the gym to support a friend.
You're tagged in a post made by a friend that contradicts your version of what happened.
You admit in a comment that you may have been partially responsible for the accident.
You post photos of your injury that the defense uses to question how serious the injuries really were.

The Miranda warning states, "You have the right to remain silent. Anything you say can be used against you in a court of law." Defense attorneys are just waiting for you to say something on social media that they can use against you.

8 Social Media Tips When Involved in Civil Litigation

1. Your best bet is to stay off social media while the lawsuit is pending.

2. Ask your friends and family to leave you out of their posts – no mentions or photos of you, no tagging you, etc.

3. If you do get mentioned or tagged, untag yourself or ask your friend to do so and send it to your litigation lawyer.

4. If you feel the need to post something, share it with your civil litigation attorney before posting it.

5. Don't post ANYTHING about your accident, injury, or case, and ignore comments about your case.

6. Don't post anything you discuss with your lawyer.

7. Make all of your content on all of your social media platforms as private as possible (but remember that nothing is truly private on social media).

8. Do not accept friend requests from people you don't recognize. It could be a fake profile from someone looking for evidence to use against you.

Find a Good Litigation Attorney

Whether you are the plaintiff or defendant, the Bingaman Hess litigation lawyers thoroughly analyze each situation and provide knowledgeable guidance. Our goal is to successfully resolve your legal disputes as efficiently as possible.

Give us a call today at 610.374.8377 or find us online .

< Older Post

Newer Post >

Mail

News & Information

Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.