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