Lawyers are always looking for ‘hidden gems’ as they go through the discovery process, sifting through documents, files and so many other sources available to find that one piece of evidence that might make or break a case.
Now, you can learn how to gather evidence from a source that wasn’t even available just a few years ago – social media. Yes, Facebook, Twitter, LinkedIn and all those social media platforms might turn out to be a lawyer's new BFF (Best Friend Forever)!!
On Thursday, December 4, Matthew Almon, an attorney at Stone Pigman will present, “A ‘Duty to Google’ – Professionalism and Electronic Evidence” at the free CLE preceding the volunteer Appreciation Awards and Reception at Jones Walker, 201 St. Charles Avenue, 52nd Floor. One (1) CLE credit hour given in Professionalism. DOWNLOAD CLE MATERIALS
The CLE begins promptly at 4:00 pm; registration opens at 3:30 pm. It is followed at 5:00 pm by the Volunteer Appreciation Awards presentation with The Honorable Raymond S. Steib, Jr., Judge, 24th Judicial District of Louisiana as Master of Ceremonies. The awards will be followed by a reception. Register here.
“Law on the use of electronic evidence is still being written,” explains Matt, “but it is becoming increasingly clear that attorneys have a professional obligation to their clients to know about social media and other electronic evidence — to know how to counsel their clients to use social media smartly, to know how to obtain electronic evidence from various sources, and to know how to use that evidence.”
As part of the CLE, Matt will share with attendees information about the various types of social media in use today, best practices for obtaining social media and other types of electronic evidence during discovery, and admissibility considerations for the use of these types of evidence at hearings and trials.
You’ll leave the CLE with the understanding that:
- There is now far more to “electronic evidence” than emails and Google;
- Social media and other electronic evidence increasingly can make or break a case;
- Attorneys have a professional duty to stay current with their knowledge about these types of evidence and how to best use them for clients.
Smoking Gun …
“Something about the nature of social media leads to frequent “over sharing,” which creates the potential for the type of “smoking gun” evidence every lawyer dreams of finding for their case,” says Matt.
Matt’s own experience has proven that there’s value in understanding how to comb through and find the hidden gems locked within the often casual, off-handed comments posted on the many social media platforms.
“I’ve had several cases involving claims or defenses that did not jive with statements or other representations made on social media. Discovering those inconsistent statements and representations has led to quicker, and more favorable, resolution of those matters,” continues Matt.
As part of the CLE, he’ll share with attendees the many entertaining ways in which people have misused social media and how to use this to a client’s advantage, as well as tips advising clients about how not to use social media.
This sounds like an informative and fun hour of learning with which to wrap up your year. We hope to see you at the free Professionalism CLE and the Volunteer Appreciation Awards and Reception on December 4, 2014, at Jones Walker. Register here.