October 27, 2012 - Palm Beach County Bar Association 4th Annual Family Picnic, Dreher Park, West Palm Beach

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Facebook Confessions 

Our client was involved in an altercation with a bouncer at a Boca Raton nightclub that resulted in an injury when the bouncer dislocated the client's shoulder. Police responded and, based on the bouncer's allegations, arrested the client for assault. Humiliated by the arrest and suffering from his injury, the client retained counsel, who hired us to conduct a background investigation on the bouncer.

We conducted a records check and database search, finding several addresses and minor traffic infractions. A request to various law enforcement agencies for incident reports in which the bouncer was listed as a complainant, witness, suspect or other returned only two reports from the local police, one of which was the case involving our client. The other report documented an injury from a car crash. There was nothing significant or substantial in the database reports or court search, other than a negligence suit filed on behalf of the subject for his injury sustained in the crash.

With little information of value developed from the official records searches conducted, we turned our attention to social media, specifically Facebook and Twitter. We were able to identify our subject by his distinctive name. We were surprised to find that he had no privacy filters in place, and we were able to peruse his entire site with no restrictions.

The social networking phenomenon Facebook has garnered tremendous interest from personal and business sectors, as millions of people sign up to share massive amounts of information with an ever-widening group of "friends." Now in its eighth year, Facebook had over 900 million users as of May 2012. More than half these users access the site via a mobile device.¹ The United States accounts for 157 million of those members. According to the United States Census, the population of the United States in July 2012 is 313 million people. You do the math.

Although its recent initial public offering was a financial flop, Facebook is still the predominant social networking site in the world, and likely to remain so for the foreseeable future.

For those engaged in litigation who need information about plaintiffs, witnesses, defendants, and even expert witnesses, the site offers a virtual cornucopia of data that can enhance a deposition or cross examination. It is a vital tool for the professional legal investigator.

Here, in no particular order, are 5.5 (actually six, but I love the alliteration!) features of Facebook for Florida attorneys (and attorneys for any other state).

Face

Family