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

or call 1-800-926-7926
Program Materials

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.

READ MORE

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.
Frances Crockett Carpenter, Esq.

Law Office of Frances Crockett

Ms. Carpenter focuses her practice on plaintiff’s’ personal injury, wrongful death, medical malpractice,...  |  Read More

Robert J. Kasieta
Robert J. Kasieta

Founder and Managing Member
Kasieta Legal Group

Mr. Kasieta focuses his practice on civil litigation. He has represented clients in auto accident cases, workplace...  |  Read More

Michael C. Maschke, CISSP, CCE, EnCE
Michael C. Maschke, CISSP, CCE, EnCE

Chief Executive Officer
Sensei Enterprises

Prior to his current role, Mr. Maschke oversaw the firm’s digital forensics and information technology...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$197

Download

$197