Jury Selection and Social Media

The American Bar Association has announced that lawyers can search social media such as Facebook for information about potential jurors. So the next time you are summoned for a jury in El Paso or Las Cruces don’t be surprised if the lawyers know more information about you than just the information you supplied in the juror questionnaire. Don’t expect the lawyers to let you know they have this information but you should be aware that this public information is being used. As an El Paso employment lawyer I see social media causing many problems for my clients. Employers and potential employers do search your publicly available social media. For example employers may see if you or your friends post pictures that might indicate you were not actually sick or that you did not come to work because of a night parting. In litigation lawyers will ask for information about your social media. What you post may not always be as private as you may wish. Litigation and social media, whether Facebook, Twitter, Pinterest or LinkedIn are hot topics and this is especially true in employment lawsuits or employment issues. So post with caution. The general rule is that if you post it your employer can certainly get the public post but in some circumstances maybe even your private posts.