We all know or should know, that anything we post or upload online can be a risky proposition. Embarrassing celebrity videos or compromising text messages are in the news all the time. Don’t we all think to ourselves, “How could they be so stupid as to let that happen? I would never make that kind of silly mistake.”

Unfortunately, a lot of us do.

As the use of email and social media has exploded over recent years, what we used to believe was private and personal is no longer true. Like most people, many of my clients have set up their Facebook page so that only their friends and family members can access it. Believing this, they feel they can say and post anything they want. But for at least two good reasons, it’s simply not the case.

First of all, hacking is a danger everyone faces. Someone can gain access to a person’s Facebook page and turn whatever they find there against that person, a possibility that is very real if that person is in a hotly contested legal dispute such as a child custody action or DUI proceeding. What if a person claiming bankruptcy proudly posts a new wide-screen TV they had just purchased from Best Buy or a luxury vehicle they are now driving? Or how about the young mother who, while embroiled in a child custody dispute, plasters her Facebook page with photos of her and her girlfriends throwing back Margaritas, even though she is only 19 years old? How do you think the court will respond to either of those scenarios?

Also, it’s impossible to predict when someone you’ve “friended” decides (for whatever reason) to share your postings with someone outside your circle. In this day and age, you must assume that anything you put out there will get into the hands of someone who’s not on your side.

Email is another dangerous area. Say you’re in the midst of an emotional divorce proceeding. If you’re accused of some terrible misdeed, it’s only human nature to want to lash out in return. But if this means sending out a spiteful email or text message, you’ll most likely regret ever tapping on the keyboard.

Emails and text messages are written communications that can be preserved and presented in court. And they can cause serious damage to your case.

Let’s say I’m handling a divorce settlement for a client and I present him as a calm, reasonable individual. What if the opposing attorney produced an email my client wrote when he had too much to drink one night and sent an abusive, expletive-ridden email to his spouse? That pretty much ruins my client’s reputation as someone with a level head.

With today’s technology, even an email or Facebook post you think you’ve deleted can be retrieved and used against you in court. That’s why I strongly advise my clients to refrain from tweeting, sending emails, or posting anything on social media outlets that even remotely relates to their pending legal issues. If you do, believe me, you’ll come to regret it.

Are you in need of legal counseling or have any questions about the above topic? The Law Offices of Ian S. Topf offer a free consultation on a variety of issues, ranging from family law/divorce, bankruptcy, and estate planning to criminal/DUI matters and landlord/tenant disputes.