Social Media Admissions in Personal Injury Cases: Mitigating Risk for Plaintiffs, Securing Admissions From Defendants
Complying With Duty to Preserve; Obtaining and Admitting Evidence Adverse to Defendants From Social Media Sites
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, May 10, 2017
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will provide guidance to personal injury litigators for mitigating the risks that social media posts pose for their clients, as well as tips for tracking down admissions by defendants on social media. The panel will discuss best practices for advising personal injury victims on their online posts and to comply with the duty to preserve evidence. The panel will also outline strategies for drafting discovery requests for defendants’ social media accounts, spoliation warning letters for social media posts, and subpoenas.
Savvy personal injury litigators—both plaintiff and defense—know that admissions by injury victims and defendants can often be found on social media sites, such as Twitter, Instagram, Facebook, Reddit and YouTube. Mitigating the impact of potentially damaging social media evidence for your client and locating and retrieving social media evidence adverse to the opponent is essential to winning or losing a case.
Counsel for injury victims must take steps early in litigation to find and prevent spoliation of social media evidence that may be adverse to the defendant. With case law evolving on electronically stored data, counsel must be well-versed in methods to obtain these admissions in a format that will be deemed admissible as evidence at trial.
Listen as our authoritative panel analyzes best practices for approaching social media admissions in personal injury litigation, including mitigating exposure for personal injury victims arising from their social media postings, drafting discovery requests for defendants’ social media accounts and giving warnings against spoliation of this crucial evidence.
- Advising personal injury victims on mitigating risk from their own social media postings
- Locating social media posts by defendants
- Discovery requests regarding defendants’ social media accounts
- Spoliation warning letters
- Subpoenas to social media sites for evidence to be used at trial
- Admissibility of social media posts at trial
The panel will review these and other key issues:
- What guidance should personal injury counsel give their clients for guarding against adversely impacting their cases with harmful social media posts?
- What are some best practices for drafting discovery requests for defendants’ social media accounts?
- When and to whom should spoliation warning letters for a defendants’ social media posts be sent?
- What is required for the admission of social media posts at trial?
