On Friday, September 25, 2015, I gave this presentation on the ethics of social media in litigation at the North Carolina Association of Defense Attorneys conference for insurance defense attorneys and insurance adjusters, in Greensboro, North Carolina. It was an impressive event.
Below, you will find my slideshow from the presentation, as well as some additional information and helpful links that I promised to upload, including the sample request for production of documents I use for requesting social media evidence in discovery.
If you would like to download a copy of the supplemental documents prepared for this presentation, including the updated version of North Carolina 2014 Formal Ethics Opinion 5, click on the download button below:
Here is the sample language from the discovery request I use to obtain social media evidence in motor vehicle accident cases:
Copies of any notes, diaries, logs, journals, letters, electronic mail, text messages, calendars, Facebook postings, tweets, or other social media messages that relate or refer to the accident described in the Complaint, or any injuries or damages you contend resulted therefrom.
Additionally, here are a few good resources for litigators who want to make sure they’re doing their due diligence and obtaining all the potential evidence available:
- A Social Media Evidence Checklist – Slaw.com
- Lawyer’s Duty to Preserve Social Media Evidence – JD Supra
- A Measured Response to Social Media Evidence – Bow Tie Law (Case law review/update)
- A Social Media Subpoena Guide (2015 Edition) – Associate’s Mind