Your Miranda’s rights may soon have to have an additional statement to it, “and anything you post on your Facebook.” More and more courts are accepting information from people’s Facebook accounts as evidence in support of a legal suit, as reported by an October 1st, 2010 New York Times article.
The New York State Bar Association and the city’s bar group have both issued favorably opinions on lawyers searching for information on their clients and other parties affected in the case. However, both groups have placed some limits on how far a lawyer can go when searching for Facebook information. The majority opinion states that any information on a Facebook page that the general public can see can be used. Information that only a client’s friend can see is off limits.
A lawyer may “friend” a client but only if the client is fully aware of the reasons the lawyer is befriending them. Additionally, if a lawyer attempts to be “friend” a third party in a case they must reasonably inform the third party that they are a lawyer in the case. Overall, the legal bar groups recommend staying away from befriending individuals in the case that you do not represent because it is still a very grey area.
The law office of Jayson Lutzky, P.C. ( closely follows the different issues that affect family law, especially those laws that are shaping the future of matrimony laws. If you have legal questions about a family issue, then please feel free to call 1-800-660-LAWYER or 1-800-660-5299 or visit our office for a free initial consultation.