With the proliferation of social media websites, attorneys increasingly seek discovery as a means of gaining access to pertinent information stored on social networking sites and often refer to social media to find useful evidence for their cases. Since social networking has become an integral part of our daily lives, the courts have recently been faced with the task of handling social media in litigation. However, no bright-line rule has been established for social media discovery, and attorneys do not always know that they have a duty to preserve social media content.
The purpose of this guide is to better familiarize attorneys with recent court decisions and related materials so that they will be equipped to competently handle social media requests as well as preservation.
Further, attorneys are faced with the ethical implications of using social media during practice. This guide will also provide ethical guidance for avoiding the dangers of social media in the legal realm.
SOCIAL MEDIA & THE LAW
All information provided in this research guide is strictly for instructional purposes only and should not be construed or considered to be legal advice. It is important to consult with an attorney to determine your legal rights.
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