Video

  • 59 minutes

Social Media Searching and Monitoring

 
What should you do about a social media search of your clients, your opponents and your witnesses? Based on a PEW Research study, 74% of Internet users are using social media and certainly this includes your colleagues and clients. Running a social media search of clients, opponents, and witnesses is now part of the minimum level of due diligence expected of a competent litigator. As a lawyer in a case you need to know what you should do to be successful in searching social media for a claim or defense. Social media evidence is electronically stored information and can be discoverable if relevant and accessible. The evolution of social media starts with discovery for litigators (Rule 34 Requests) often focusing on whether the other party had a written diary, notes from a conversation, a private letter or relevant photographs. Increasingly, discovery today focuses on information found in social media. Social media findings can provide information that may refute a claim of injury, e.g., by finding pictures of a patient skiing; insights that may be impactful in divorce and child custody cases; information about key executives during a merger or acquisition; or insights for prosecuting attorneys about a defendant.

In this 58-minute video our speaker, David Randolph Smith, reviews basic social media information and how to get social media evidence into court. He also discusses the use of litigation hold letters.

David Randolph Smith is a partner in the office of David Randolph Smith & Associates. He has been a trial attorney for 38 years and was a professor of law at Vanderbilt Law School (1983 to1988) teaching torts, evidence and professional responsibility. Mr. Smith is recognized by his peers as one of the best lawyers in America in personal injury litigation and as one of the best lawyers in Tennessee.
Runtime: 58 minutes

Faculty

David Randolph Smith

David Randolph Smith

David Randolph Smith & Associates

Agenda

Faculty

David Randolph Smith

David Randolph Smith

David Randolph Smith & Associates

  • Partner in the office of David Randolph Smith & Associates
  • Trial attorney for 44 years and was a professor of law at Vanderbilt Law School (1983 to1988), teaching torts, evidence, and professional responsibility
  • Recognized by his peers as one of the best lawyers in America in personal injury litigation and as one of the best lawyers in Tennessee
  • Member of the Plaintiffs’ Steering Committee (and Expert Committee) in the Allergan Biocell Breast Implant MDL
  • J.D. degree, with honors, Order of the Coif, the University of Texas at Austin; B.A. degree, cum laude, Harvard University
  • Can be contacted at 615-742-1775 or [email protected]

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