The proliferation of social media has altered the litigation landscape. Most attorneys on both sides of the v. understand the implications of social media, particularly during the discovery stage. Nonetheless, the law governing social media and discovery is still in its infancy. The result is troublesome: practitioners encounter social media issues but the rules governing those scenarios are not entirely clear. One rule that is well established is the requirement that a legal hold be implemented for all relevant materials, including social media content. The failure to abide by this rule could be dire.
The use of social media as a marketing tool for professionals has become increasingly common. Studies suggest that this trend will continue as more professionals are utilizing social media to develop business. In an ever-changing technological world, many attorneys and other professionals tweet, post status updates, engage in internet advertising, or blog on a regular basis without considering the legal and ethical ramifications . Recent decisions serve as a reminder that the outcome of social media activity may result in unwanted and unintended attention.