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

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, May 10, 2017
Recorded event now available


This CLE webinar 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.

Description

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.

Outline

  1. Advising personal injury victims on mitigating risk from their own social media postings
  2. Locating social media posts by defendants
  3. Discovery requests regarding defendants’ social media accounts
  4. Spoliation warning letters
  5. Subpoenas to social media sites for evidence to be used at trial
  6. Admissibility of social media posts at trial

Benefits

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?

Faculty

Frances Crockett Carpenter, Esq.
Law Office of Frances Crockett, Albuquerque, N.M.

Ms. Carpenter focuses her practice on plaintiff’s’ personal injury, wrongful death, medical malpractice, premises liability, civil rights, and constitutional law. She has received a peer review rating from Martindale-Hubbell* of 4.7 out of 5.

Robert J. Kasieta, Founder and Managing Member
Kasieta Legal Group, Madison, Wis.

Mr. Kasieta focuses his practice on civil litigation. He has represented clients in auto accident cases, workplace accidents, employment disputes, and corporate problems in state and federal court, and before administrative authorities. Prior to becoming a plaintiffs’ attorney, Mr. Kasieta spent many years representing insurance companies on all kinds of claims. He regularly teaches other lawyers, including at Wisconsin Law School.

Michael C. Maschke, CISSP, CCE, EnCE, Chief Executive Officer
Sensei Enterprises, Fairfax, Va.

Prior to his current role, Mr. Maschke oversaw the firm’s digital forensics and information technology departments, which provided support to over 200 area law firms, legal entities and corporations. Mr. Maschke is a Microsoft Certified Systems Engineer, Microsoft Certified Systems Administrator and a Microsoft Certified Professional. He has spoken at the ABA’s TECHSHOW conference on the subject of information security and is currently an active member of the ABA’s Law Practice Division: Technology Core Group.


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Program Materials

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Program Materials

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Customer Reviews

Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.

David Lawrenz

Hinkle, Hensley, Shanor & Martin

Great content, including everyday examples, provided by each speaker.

Tim Reed

Duncan Firm

The webinar was well-presented, interesting and informative.

Randi Saul-Olson

McKinney, Wainwright & Saul-Olson

The relevance of the material and impact on the PI practice area was greatly appreciated.

Derek M. Baroumes

Baroumes & Bruen

I liked the practical and specific tips.

Natalie Lyons

The Cannon Law Firm

or call 1-800-926-7926

Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

FisherBroyles

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

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