The use of social media has exploded in the last 10 years, changing the landscape of civil litigation. In today’s age of chat groups, Twitter, and Facebook, social media can be a treasure trove of relevant information for the defense. Given the wealth of potential information, discovery of social media may also be more beneficial and less costly than traditional surveillance.
The majority of attorneys may not be using social media to their benefit. In addition, attorneys and claims professionals must consider social media at the outset of a claim or lawsuit or risk losing the information forever. The key is to find it, obtain it, preserve it, and use it to your advantage.
Collecting and preserving social media, however, poses significant challenges and evidentiary issues that are not always understood or clearly defined by the courts. While social media has changed the way we live, connect, and communicate, the laws and guidance from the courts has been slow to develop.