Some attorneys advise their clients to completely avoid social media when they are involved in juvenile court (or even family law court sometimes). While there are good reasons for that, I don’t take that position with my clients, for the following reasons: First, most clients are going to ignore that advice, so I think it’s better to simply offer suggestions to minimize the potentially negative effects. Second, in this day and age, social media is how people stay connected, whether it’s Facebook, Instagram, Snapchat, Twitter, or any of the other platforms. Complete abstention can create feelings of isolation, which are rarely helpful, especially when people are struggling with challenges (which they obviously are if they are in juvenile court).
Although not all-inclusive, the following are my top 10 tips to protect yourself from the negative aspects of social media, while boosting the positive ones.
- Privacy Settings – This is very, very important. Make sure your social media isn’t wide open to everyone who comes looking. DHS workers, attorneys, and others involved with your case may be looking for information about you on social media. Sometimes this is benign or even helpful (say, for example, if you forget to update your attorney when you change your phone number and she needs to reach you), but other times, people are looking for less-than-flattering information that may be used against you. While there are certain ethical rules on what these professionals can and can’t do, generally speaking there’s nothing saying they can’t look at a public profile. I would suggest changing accounts to private, or in the case of Facebook, restrict access to friends (not even “friends of friends”).
- Make sure friends really are friends—We’ve all gotten those friend requests from people who appear to have a “mutual” friend with us. Their profile picture looks respectable, so we figure they’re ok. But I always tell people that if you don’t know them, don’t friend them, regardless of whom their “mutual” friends are. If you think it’s someone you just don’t remember (say, a former high school classmate), you can send a personal message to the “mutual” friend and ask who it is. If they say, “I don’t really know—I just accepted their friend request them because they are friends with [name],” you should not accept their friend request.
- Friends of Friends setting — The above reasoning is why I also don’t suggest setting your privacy settings to “friends of friends,” at least not while your case is active. You have no idea who these “friends of friends” are, or who they might know.
- Your Case — Please do not share details of your case on social media. While you have an attorney-client privilege with your attorney, you may, practically speaking, destroy that if you share all those conversations and details on social media. Additionally, do not share any frustrations or criticisms about DHS, the judge, the other parent, or anyone else involved with your case on social media. Trust me on this one—it will not help you, and has the potential to really create a lot of problems for you. Save those conversations for your attorney, where they are protected by the attorney-client privilege (but don’t be a constant complainer, either).
- Photos — There may be some very good reasons why you might not want to share photos of your child on social media (e.g., protecting them from pedophiles and traffickers). But if you decide to share, I would suggest sharing photos that show a positive, loving relationship and good parenting. For example, playing at the playground, reading to your child, attending family events (picnics, etc.), or school events will all portray you and your relationship in a good light to whoever may be looking. But I would suggest not including any identifying information, or location of places the child routinely is, such as school. So you might say something like, “so much fun attending my daughter’s graduation from preschool! Really proud of her.” You haven’t provided your child’s name, nor have you provided her school name or location. Don’t “check in” at the event, either. And as a side note, please make sure you’re not posting photos of other children without their parent’s permission.
- Photos Part Two — Be very, very careful about posting photos of yourself (or being tagged in photos that others take—check your privacy settings) at parties or other places (e.g., gambling casinos) that might raise eyebrows with your DHS worker. That also goes for behavior that might not portray you in the best light, even if the location is not problematic (e.g., a photo of you at home, but drunk). This is true even if your child is not with you at the time.
- Posts — If your friends and family are aware of, for example, a substance use disorder you have, you can post milestones, such as, “Today is my 100th day of sobriety!” and bask in the congratulations and encouragement that come in. This is a positive milestone that, even if someone involved in your case sees, will help you, not hurt you. I would strongly urge you to not post information about any relapse. Not because your team won’t find out (they almost always will), but because that’s not how you want them to find out. Save your posts for positive things you are doing, and the progress you are making.
- 140 Characters — Many people have lost jobs or relationships because of misunderstandings due to Twitter’s character restrictions. And even if there’s not misunderstanding as to content, there may still be a problem with tone or intention. To me, Twitter is much more negative, harsh, and used as a place to vent and tear down than the other platforms. This is one you might want to take a break from. When I took a 40-day “sabbatical” from Twitter, I was amazed at how much better I felt. Now I am only on rarely, and for very short periods of time. I do not miss it, though I did at the beginning of the 40-day abstinence.
- Positive feeds — I have three Facebook pages: my personal page where I “hang out” with friends and family, my Case Navigator™ page, and my Jean M. Baker Law Office page. SnapChat is reserved for pictures my kids send me, LinkedIn is for professional, work-related posts, and Twitter can just be vile sometimes (especially if you are following a lot of political people). When I added Instagram, I made a conscious choice that that was going to be my “happy place.” I only follow a very small circle of positive people and organizations. It’s where I find some great, positive, encouraging things, beautiful photos, and people sharing happy events. I do not allow political posts or negative ones. During this stressful time for you, I would suggest that you liberally use the “unfollow” button (you don’t have to unfriend people, and they don’t know) and that you seek out positive people and organizations. This is also true of your boards and searches on Pinterest. Filling your mind with encouraging, beautiful things and removing the negative ones is proven to have a positive effect on your mental health.
- Use common sense — It is almost never a good thing to post when you are angry or upset. While it’s true you can delete a post, it is also true that screen shots can allow posts to live forever. If you ask yourself what might happen and your answer is, “I don’t even care,” (especially if there’s an expletive in there), DON’T POST IT. If it is critical of one of the professionals involved in your case (DHS, the judge, etc.), DON’T POST IT. If it shows you drinking heavily, gambling, or using (or at an “event” with people who are doing those things), DON’T POST IT. If it shows you making bad or questionable parenting choices, DON’T POST IT.
Hopefully, this helps you make decisions about what to post, where, when, and how. Remember—those decisions are up to you; this post is just designed to help you think through those decisions. And while I don’t claim to be a tech guru, if you have basic questions about privacy settings, feel free to email me at firstname.lastname@example.org, and I will be happy to help you or suggest someone who can.
And, of course, you can always Google it. 😉
 As always, this post should not be construed as legal advice. Talk to your attorney or the attorney of your choice if you have questions or need legal advice.