April 10, 2019

LITIGATION: How Social Media Are Transforming Litigation

Social media pose problems in the litigation process from the first time lawyers meet with clients until after judgment is rendered. The rise of Web 2.0 saw the explosion of social networking via Facebook, Twitter, YouTube, MySpace, LinkedIn, Pinterest, Google+, Tumblr, and other platforms. Our profession, many of whose members are just becoming familiar with e-discovery and metadata, now faces what we call “Litigation 2.0.”

Troves of personal information. The openness of social media means that online profiles can be treasure troves of information about parties, lawyers, witnesses, experts, and even judges, offering rich repositories of potential pre-litigation intelligence and fodder for cross-examination.

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