Articles Posted in SOCIAL NETWORKING

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Posted by Christina Cribbs
It is no secret that electronic devices, such as smartphones and tablets like the iPad, play a large role in the way many people communicate with one another in today’s technology-driven society. Smartphones can be used for texting, internet browsing, keeping up with social media, and yes, even the occasional telephone call. Smartphones and tablets make the internet, and its vast network of information, available nearly any place and any time, including the jury room. Just as they are accustomed to doing in their everyday lives, jurors may want to seek out information or share their daily trial experiences using electronic devices and social media. The temptation to view the scene of an accident on Google Earth or even check out a YouTube video of a medical procedure must be enormous. However, central to preserving the integrity of a trial is the ability to limit the jury’s consideration to the evidence presented in the courtroom. The million dollar question then becomes: How do we stop jurors from using electronic devices and social media during trial and deliberations?
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Posted by Susan J. Levy

Last week, I got lucky. For the first time, I actually found a Facebook page belonging to a Plaintiff in one of my cases: profile, wall, photos, the whole nine yards and, just 24 hours before her deposition. No smoking gun, unfortunately, but enough to make the Plaintiff and her lawyer very uncomfortable. First, I led her down the garden path. She eagerly testified about her constant neck and back pain, her inability to walk her dogs, and the overall decrease in her quality of life. Then I pulled out her Facebook posts, dating back several months, replete with status updates about walking the dogs, bathing all four dogs, and daily exclamations that “life is good.” Not one mention of neck or back pain. Suffice it to say that her privacy settings were changed, and the demand lowered by 25 percent, before the end of the day.
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