Social media is the new email. And just like email reshaped litigation over the past two decades, social media is slowly but surely transforming how law is practiced today, creating vast new sources of evidence, raising important questions about information governance and individual privacy, and posing difficult interpretative questions as lawyers and courts struggle to make sense of social media’s idiosyncrasies.
Virtually every person with internet access uses social media today—there are 3 billion social media users worldwide, more than 93 percent of the world’s 3.2 billion internet users. On Facebook alone, 300 million images are uploaded everyday, and 510,000 comments are posted every minute. Your smoking gun could be buried anywhere in that mountain of social media ESI. Indeed, 52 percent of attorneys report seeing an increase in litigation or eDiscovery matters related to social media and mobile devices, according to to a recent survey by Robert Half Legal. Only one percent reported any decrease.
Social media is impacting legal practice in manifold ways. Sure, there are judges with Twitter accounts and law firms on LinkedIn. But there are also the Snapchat-related motor vehicle accidents and the disputes over how deep you can pry into a party’s Facebook history during discovery.
Then there are emojis, with their heart-shaped eyes and stuck out tongues. These modern day hieroglyphics certainly aren’t unique to social media—they’re even used in performance evaluations now—but they certainly proliferate there, where their informality and ambiguity can be a perfect fit for a social media message. And just like tweets and Facebook posts, emojis are finding there way into litigation.
Logikcull’s Upcoming Webinar on Social Media and the Law
To help you navigate this new frontier, Logikcull is hosting a webinar on Social Media and the Law next Wednesday, September 6th. Attendees will learn:
-- Tips for finding and using social media evidence in litigation
-- How courts are treating social media evidence in the discovery process
-- Ethical concerns attorneys must be aware of when dealing with social media
-- The many ways emojis are changing and complicating the practice of law
The panel is not to be missed, featuring some of the top minds in the field:



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