Category: E-Discovery

Authenticating Social Media Evidence Is Harder Than Lawyers Think

Let’s play a game. You’re the judge. Under the following facts, is the social media evidence admissible? After obtaining a Court Order allowing him to obtain a criminal defendant’s Facebook records, the prosecutor files a motion seeking permission to introduce into evidence the following items: Screenshots of the defendant’s Facebook account Various undated mobile and […]

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Philadelphia Bar Association Ethics Committee Concludes That Social Media Evidence Must Be Preserved and Produced

A lawyer has a duty to preserve relevant, or potentially relevant evidence posted on social media websites, according to an ethical guidance opinion issued by the Philadelphia Bar Association Professional Guidance Committee on July 7, 2014. The Opinion emphasized that a lawyer’s duty to preserve evidence does not change simply because the information is on […]

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