Facebook discovery is all the rage amongst defense lawyers in personal injury cases. The reason is twofold. First, it gets defense lawyers access to information that might lead to admissible evidence that could diminish a plaintiff’s claim. Rarely will it relate to liability but there is an actual possibility that out-of-context (or in context) it would lead a jury to believe their pain is less than stated.
The second reason, and I think an equally driving force, is that defense lawyers have a new tool to harass the plaintiff(s). Why? Because there is at least a subpopulation of defense lawyers who want to punish plaintiffs and their lawyers for bringing any personal injury claim. This is the type of discovery that can be done with no real effort. All you have to do is ask. That is the real beauty of this discovery from the defense lawyer’s perspective. You just cut and paste from the guy down the hall or something you find online (I’m helping them here) and then just shout “reasonably calculated to lead to admissible evidence” if the plaintiff’s attorney objects.