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Social Media Law - Lawyers – Opposing Counsel/Parties Profiles

Social Media Do's and Don’ts of Lawyers – Opposing Counsel/Parties Profiles

June 12, 2015

Social Media Do's and Don’ts of Lawyers – Opposing Counsel/Parties Profiles

June 12, 2015

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This post is part of a series titled “Social Media Do’s and Don’ts for Lawyers.”

Protecting clients is vital, but attorneys should not view social media issues exclusively through the prism of defensive considerations. Attorneys should also think about social media offensively as a tool to obtain more information about their adversaries and their case during discovery.

DO Remember to Conduct Inspections of the Social Media Profiles of Opposing Counsel and Parties

In the modern practice of law, no litigator should fail to scan the social media sites and apps used by opposing witnesses, parties, and counsel for helpful information. This practice has become widely accepted and encouraged. Savvy attorneys have adopted this practice as standard procedure. And courts now recognized that competent representation requires an attorney to search social media for relevant information.

Although the concept of social media research is not a difficult one to grasp, the mechanics of conducting such searches is becoming increasingly more difficult as the digital economy grows. The sheer number of social media platforms is exploding. To fulfill their professional duties, litigators need to stay abreast of who the players in the social media space are so that they can adequately inspect each relevant platform to discover useful information and adequately represent their clients.

This post was devised from “SOCIAL MEDIA DO’S AND DON’TS FOR LAWYERS,” Business Disputes 2014 Course


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.

Related Tags

social media
litigation
opposing-counsel
opposing-parties