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Guy DiMartino
April 18, 2015

For many people social media is the primary way of communication. It brings up the question, is it a good idea to be Facebook friends with your lawyer or is it okay to send private messages to your lawyer?

The simple answer to the questions is NO. Absolutely not!

Believe it or not, the attorney-client relationship is special and with the relationship comes privacy and privilege. A lawyer cannot be compelled to disclose confidences that a client tells him. That's right. If you come into my office and tell me that you killed your neighbor last week – that communication is between us and the information goes nowhere.

On the other hand, if you send me a private message on Facebook, you are destroying attorney/client privilege and confidentiality. The police, prosecutor, insurance company and their lawyers can use the Facebook communication with me against you.

So my question is why risk it?

If you have to report something to your lawyer, give them a call, make an appointment, or send an email or direct text. This way anything you say, will be protected by the privilege.

The law is a funny thing and sometimes if we don't think before we act, it can come back to bite us in the butt.

If you have any questions about social media and how it can impact your legal proceeding, give me a call at (219) 874-4878.