Social Media and eDiscovery at #LTNY

Way back in June, I posted a on some articles I had written on open source, and social media and eDiscovery. At the time, there wasn’t much talk of social media and eDiscovery, and open source was waning in interest for many.

Last year, when I went to #ltny, I spoke with a few eDiscovery vendors and came away thinking hrm…social media will soon be a factor. There was one session that touched on social media use during trial, which was helpful and sparked the Texas Bar Journal article I wrote. Since then social media has come up more often in terms of eDiscovery and trials. I read things about juries being unable to tweet, blog or post online during trials, and some jurors getting in trouble for doing so, and feel symptoms of Twitter withdrawal coming on.

So imagine my delight in finding a session at #ltny titled “Effects of Social Media on Trials and Juries.” The session description is as follows:

Thanks to the social media explosion people are saying things about themselves publicly at an unprecedented pace. They also are connecting in ways unheard of just 10 years ago. How can this trend be used to your advantage? What are the best practices? What are some of the lessons learned – often the hard way? Our panel will discuss:

  • Using Facebook to pick juries – yes or no?
  • The impact of jurors doing their own online research
  • Leveraging social media and emerging technologies in your trial strategy
  • The impact of increased access to court proceedings via tweets, texts and tablets

Jurors doing their own online research. Court proceedings via tweets, texts and tablets. Um…guilty? The leveraging social media and emerging tech in trial strategy strikes me as the most interesting aspect. The immediate thought is swaying of public opinion, which naturally brings to mind #blago. Court proceedings might be an area where hashtags really come in handy. Who knows?

At any rate, #ltny looks to be rather interesting. It has a number of #cloudcomputing sessions too, which isn’t surprising. Practically a standard topic now. Social media in eDiscovery seems to be heading that way as well. Further proof lawyers need to know about social media beyond its use for marketing.


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