10 things trial lawyers should know about social media evidence
More and more of our interactions take place on social media, but the law is struggling to catch up. In the February Illinois Bar Journal, Chicago trial lawyer Kathryn Conway offers 10 things that lawyers - especially plaintiffs' lawyers - should keep in mind about discovery and admissibility of social media evidence. Here are three of the 10.
1. Because Illinois has so little case law on social media evidence, "most issues will be decided on a case-by-case basis according to traditional discovery and admissibility principles," Conway writes.
2. There's no evidentiary privilege for social media communication.
3. Even though your client uses restrictive privacy settings, "courts have generally allowed discovery of posted content so long as the requested production is relevant," Conway writes.