This post is part of a series titled “Social Media Do’s and Don’ts for Lawyers.” Click here to view all the installments.
Protecting clients is vital, but attorneys should not view social media issues exclusively through the prism of defensive considerations. Attorneys should also think about social media offensively as a tool to obtain more information about their adversaries and their case during discovery.
DO Remember to Conduct Inspections of the Social Media Profiles of Opposing Counsel and Parties
In the modern practice of law, no litigator should fail to scan the social media sites and apps used by opposing witnesses, parties, and counsel for helpful information. This practice has become widely accepted and encouraged. Savvy attorneys have adopted this practice as standard procedure. And courts now recognized that competent representation requires an attorney to search social media for relevant information.
Although the concept of social media research is not a difficult one to grasp, the mechanics of conducting such searches is becoming increasingly more difficult as the digital economy grows. The sheer number of social media platforms is exploding. To fulfill their professional duties, litigators need to stay abreast of who the players in the social media space are so that they can adequately inspect each relevant platform to discover useful information and adequately represent their clients.
This post was devised from “SOCIAL MEDIA DOS AND DON’TS FOR LAWYERS,” Business Disputes 2014 Course