The Coming Turnabout: Prepare Yourselves For Plaintiff’s Offensive Use of Social Media

James M. Dedman, IV

For years, defense counsel have delighted in the gems to be found on plaintiffs’ social media profiles. In fact, so bountiful have been the finds that a cottage industry of sorts arose to assist attorneys in locating impeachment material, compromising photographs, and other incriminating statements online. Whereas it was once a novelty for a litigation conference to include a social media discovery component, these days, nearly every conference includes a presentation dedicated to the marvels of social media and the perils of failing to scour the Internet for such things. Such is the landscape when we now all live our lives online and through the prism of our smartphones. Although traditionally slow to adapt to rapid technological change in society, the courts have taken note of these issues. So too have plaintiffs’ lawyers adapted to these tactics, including defense discovery requests seeking a plaintiff’s social media data, subpoenas to Internet-related entities, and mediation presentations at which such fodder is shown to gain an advantage. But times may be changing, and plaintiffs’ lawyers may soon be using social media offensively to help their clients come across favorably in personal injury litigation.  To continue reading the full article, please CLICK HERE.

E-Discovery ConnectionDecember 11, 2014