Episode 69 For Clients and Counsel Alike: Commenting Online Can Be Fraught With Danger

These days everybody’s got something to say about everything. And social media gives the whole world a platform to show off their knowledge and their stupidity. Scott and Oscar tell some cautionary tales about when they or their clients got caught up in online comments and statements that they regretted. The hosts also talk about the need to think before you text or email as these digital messages are permanent and can be taken out of context. Here are three rules to remember before engaging in digital or online communication: - Rule 1: Don’t Say Anything: The first and foremost rule is to think twice – no make that three times- before posting anything or commenting on a matter you are dealing with. It may be hard to resist the temptation but try you must. More importantly, the client definitely must be instructed not to comment online about a pending matter. - Rule 2: Edit Yourself: Before emailing or posting, go over what you are saying carefully. Not just to avoid being berated by the grammar police but to really think about what you are saying and to make sure you can’t just stick to applying to Rule 1. - Rule 3: Online is Forever: Remember that this fantastic tidbit you absolutely must post (See Rule 1) will never go away. If it needs other prior statements to be properly taken in context then make that clear in the comment itself. How would this statement look on its own if admitted into evidence say at a grievance proceeding or in your adversary’s