What you Post on Facebook May be Discoverable: Facebook is a huge new era for social networking that may have a number of positive aspects for certain social networkers, however it also carries with it significant risks, especially in litigation.
Warning: What you post on Facebook may be discoverable – even if it’s “hidden”!
It is very important for clients to realize that the content they share, even if hidden by privacy filters, may very well used against them in litigation.
A majority of courts have required the party seeking to introduce the private content placed on Facebook, to make a threshold showing that their adversary’s public Facebook profile includes content relevant to the case. See, McMillen v. Hummingbird Speedway, Inc. and Zimmerman v. Weise Markets, Inc.
If you are involved in any litigation matter you should be careful what you write, how much you write and what kind of pictures you post on your social network.