Social Media & the Law by Brittany Cowan: Secondary Sources

§ 25:65. Computer System Issues—Social Media
Social media creates additional challenges in discovery, for producing parties, requesting parties and potentially nonparties. Courts expect parties to include all relevant electronically stored information in their discovery process, including social media if appropriate.

§ 3.13A DUTY TO PRESERVE SOCIAL MEDIA
Information posted on social media websites such as Facebook and MySpace, or Tweets sent through Twitter, generally are considered discoverable if relevant to the facts at issue in the case.

§ 11.07 PRIVACY OBJECTIONS TO DISCOVERY OF SOCIAL MEDIA
Courts generally order production when the data sought is shown to be relevant. However, where social media has been sought as part of a‘fishing expedition'production has been denied. Finally, where social media contains relevant information, it is discoverable notwithstanding general privacy objections.

88 A.L.R.6th 319: Expectation of Privacy in and Discovery of Social Networking Web Site Postings and Communications

§ 162. Photographs, video recordings, and electronic data
§ 51. Disclosure of electronic communications or records

This book explains how lawyers' fundamental duties have been forever altered by social media and other new technology. It also helps navigate the details of some technical rules that address advertising, solicitation, and explains the ethical concerns for lawyers who use the cloud. It reveals the pitfalls associated with other new and important platforms and provides lawyers with direction to avoid getting into ethical trouble.

This publication has several articles dealing with the ethical implications of attorney social media use, the role of social media in litigation, and much more.

This article discusses an attorney's obligation to preserve social media evidence and different methods for doing so. It also provides case law addressing instances where courts have sanctioned parties for failure to do so.

This article gives tips for avoiding ethical lapses when using social media as a legal professional. It cites to both the ABA Model Rules of Professional Conduct as well as various state ethics opinions.