Litigator Strategies for Social Media Use

Article in the Texas Lawyer on the use of social networking as evidence in personal injury litigation.  The author makes several interesting points:

  • Law is still unsettled and Canadian Law is ahead of U.S. law on this topic
  • The Electronic Privacy Act shouldn’t be seen as precluding release of discoverable information if a court deems the information relevant
  • Given that profile information can be deleted, the social media site should also be contacting as part of the discovery process
  • Finally, given the public nature of social media participation, information restricted by privacy settings should not be seen by the individual as absolutely secure from the other side
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