Wednesday, May 11, 2016


 {So just why|Why} Should You Care - {Social networking|Social websites} In Litigation

{Right now|Today|At this point}, {progressing to|arriving at|reaching to} the heart of the situation, you understand social media, {you utilize|you make use of} or are at least {prepared|ready|inclined} to try it, so how do you {incorporate|combine|assimilate} it into litigation or how does it factor in? First, you may already know that the Florida Rules of {Municipal|City|Detrimental} Procedure added e-discovery components on September 1, 2012. {This implies|What this means is|Therefore} electronic data, including e-mails, are now discoverable in civil lawsuits in Florida.

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While at the present there is more Federal case law on the subject, a recent Virginia State Court decision sanctioned an {legal professional} for over $500, 000 for allowing his client {to get rid of|to eliminate|to take out} posts and {photographs} from social media sites that were relevant to {the situation|the truth}. The worst part {would be that the|is usually that the} direction to do so came not from the attorney, but a paralegal, however, the Court found that the {legal professional} discovered of it and allowed it. While {which may be|that will be} an extreme case, the day is not far off when we may have Florida decisions similar to that.

Let me {present|cause|create} a hypothetical to {demonstrate|show} the impact of {interpersonal|sociable|cultural} media in litigation and e-discovery's place in it. Let's take {a customer|a consumer} who advances a personal injury claim and {claims|says} that he or {the girl|the lady|your woman} can no longer lift up, bend, or whatever. {In that case|Then simply|Well then}, {throughout|during} the litigation, that person {or perhaps a|or maybe a|or possibly a} friend of that person posts {photographs} of them skiing and having a great time in the tub {nearby the|near to the} slopes. {In case you are|Should you be|For anyone who is} defending the case, those {photographs} will make your client happy. If you are prosecuting the case, they probably won't. As you can see, understanding social {press|mass media|multimedia} and how to ethically obtain those posts are now another and important part of the practice of law in {Fl|California|Sarasota}.

In addition to obtaining electronic data, including these posts, in {a legal action|a suit|a court action}, parties and their {advice|lawyer|help} now have {a responsibility|an obligation|a work} to act in {progress|move forward} to preserve this data through such mechanisms as Litigation Hold Notices. {Fl|California|Sarasota} attorneys must also {be familiar with|know about|keep in mind} and advise their clients of the liabilities for failure to preserve ESI, {be it|whether it be|unique} requested or, in some cases, not. {Intended for|To get|Pertaining to} further information on this, you are invited to view the two {showcased|presented|highlighted} videos on e-discovery on the homepage of my site.

Conclusion

In {summary|bottom line|realization}, Florida attorneys and business people can now {sick|unwell} afford to ignore {interpersonal|sociable|cultural} media. While you {may well not|might not exactly} {wish to|prefer to|aspire to} tell the world what you think of a movie {you simply|you merely|you only} {noticed|found|observed} through such posts, you at least must understand the basics of {interpersonal|sociable|cultural} media and how it can impact {a legal action|a suit|a court action} when you are {included|engaged} or may later be involved.

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