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Social Media: Questions of Admissibility and Ethics

By Khizar A. Sheikh, Lynne Strober and Jennifer Presti
November 02, 2017

Attorneys gather and use information to represent their clients and, increasingly, a significant amount of this information is available via the Internet, including through social media.

In 2013, a larger than before number of the lawyers who responded to the annual ABA Technology Survey reported that they are participating in social media in both their personal and professional lives. The survey results indicate that approximately 80% of lawyers maintain an online presence for professional reasons, and 94% use social media for personal reasons. Law firms and individual lawyers have websites that link to blogs, Twitter and Facebook accounts. The legal profession is employing social media to advertise, and gather information about clients, potential clients, opposing parties, witnesses, jurors and judges. Transactional lawyers are using social media when conducting due diligence. And yes, lawyers are sharing aspects of their personal lives — their opinions, vacation photos, birthday greeting and even their “likes” — with all of their “friends.”

Social media information can be valuable in family law cases. It can be used as a basis to assert claims of cohabitation, challenge custody, address alimony, etc. Often, after a client contacts the family law attorney, and even before meeting, attorneys can learn about a potential client, their spouse and the businesses the potential client and/or spouse owns, through researching on the Internet.

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