<img height="1" width="1" alt="" style="display:none" src="https://www.facebook.com/tr?id=1482979731924517&amp;ev=PixelInitialized">

The Litigation Consulting Report

20 Fascinating Articles About Social Media and Litigation

Posted by Ken Lopez on Mon, Apr 8, 2013 @ 01:30 PM

social media articles litigators litigation supportby Ken Lopez
Founder & CEO
A2L Consulting

As social media have become an integral part of life in the 21st century, they have inevitably and dramatically affected law, litigation, and trial strategy. Whether it’s a question of jurors who tweet from the jury box, service of a subpoena through Facebook, ownership of a social media account after an employee resigns, the dollar value of a Twitter “follower,” or any number of other issues, no lawyer or trial consultant can remain unaware of the issues. Here is a collection of 20 interesting social media discussions from various online legal locations, with brief summaries.

Click here to Download a Free Litigation E-Book

  1. Social Media Litigation Risks & Opportunities: It’s important to seek discovery of social media content in litigation, to name one interesting opportunity.
  2. How to Get Social Media Evidence Admitted: Social media information is discoverable, but what’s the best way to ask for it?
  3. Using Social Media Evidence as a Defense Litigation Tool [pdf]:  How insurers and others can use social media as a litigation tool.
  4. Social Media Evidence and Privacy Preferences: Not surprisingly, the rules governing e-discovery apply to social media and trump both a social media website's privacy guidelines and an individual user's privacy preferences.
  5. How to Avoid a Social Media Lawsuit:  How to set up an appropriate social media policy for your employees to fend off a potentially ruinous lawsuit.
  6. Who owns a Twitter account when an employee resigns?  It’s crucial to use discretion and good business judgment in launching a social media campaign, just as you would for any other aspect of your business.
  7. What can an employer do about employee communications: Interpreting the NLRB’s recent decision about when concerted employee conduct on social media is protected activity.
  8. Social Media and E-Discovery [pdf]: An overview of the risks and rewards of seeking social media information in e-discovery.
  9. Service of Process via Social Media [pdf]: The use of Facebook for service of process satisfies due process requirements, one judge recently held.
  10. The ABA's View of Judges Using Social Media [pdf]: The ABA’s view is that a judge may participate in social media but that in doing so, he or she must comply with the Code of Judicial Conduct and avoid any conduct that would undermine the judge’s independence, integrity, or impartiality, or create an appearance of impropriety.
  11. Texas State Bar Report on Social Media and the Law [pdf]: A full issue of the journal of the Texas State Bar’s litigation section on the interplay between litigation and social media.
  12. Authenticating Social Media Evidence [pdf]: Evidentiary standards for admission of evidence that were developed for other forms of electronic data may not be sufficient.
  13. New York State Bar's Social Media & Litigation [pdf]: An excellent broad overview of the issues that can arise.
  14. How Social Media Can Hurt You in Litigation: What small and midsize businesses need to know about the discovery of social media information.
  15. Social Media and the Federal Securities Laws: Here are some of the pitfalls that public companies can encounter when they try to disseminate company information through social media.
  16. Waving Attorney-Client Privilege via Social Media: Interesting decision that a client waived attorney-client privilege when she discussed, in chat rooms, her discussions with her attorney.
  17. Social Media and Antitrust Litigation: Companies can violate the antitrust laws through the use of social media, and antitrust compliance programs should include discussion of these risks.
  18. Getting the most out of Social Media for Litigation: How to use the resources of social media to test your litigation themes before you get to a real jury.
  19. The Social Media Trojan Horse: What you say in social media can come back to haunt you in litigation.

  20. The SEC and Full Disclosure in Social Media: The SEC just announced that public companies are allowed to use social media to make key corporate announcements  as long as they alert investors about which sites they intend to use.
storytelling for lawyers litigators and litigation support courtroom narrative

Tags: Social Media, Judges, Securities Litigation, Labor and Employment, Ethics

11 Great Social Media Videos for Litigators and Litigation Support

Posted by Ken Lopez on Thu, Apr 4, 2013 @ 07:02 AM

social media for litigators videosby Ken Lopez
Founder & CEO
A2L Consulting

Trial lawyers need to be aware of any viable source of information about law and about trial practice and exhibits. There’s no end to the resources available to trial lawyers and trial consultants on the Web these days. One of the great features of social media is that it is, by and large, free. With this in mind, let's take a look at YouTube, which is a very helpful social network with pages, channels, and subscribers. It has a great many free resources that can help trial lawyers advise their clients on an interesting topic – how social media can and does interact with the law.

  1. Is social media just marketing hype? Is everyone on social media essentially a liar? Here, two experts debate whether social media has anything to add to lawyers’ ability to market themselves and gain legal skills.

  2. Social media and litigation: Social media evidence is becoming increasingly more prevalent in corporate litigation. Here’s an interesting and sprightly account of what evidence can be found on Twitter, YouTube, and the like. Are young people these days less concerned about privacy than people were 30 or 40 years ago?

  3. Social media and the law: Here, an attorney provides a one hour lecture on social media and the law generally.  This is a great overview of the issues from intellectual property rights to online torts. When does citation and quotation become plagiarism, for example?

  4. An overview of the current generation’s use of social media: I like this presenter not only because he presents information succinctly, but because he has five-year-old triplet daughters like me. How does “Generation Z,” born after 1995, use social media? They will soon become a significant plurality of lawyers. 

  5. Labor and employment law and social media: There are five parts to this talk. You should be able to see all of them if you click through to the video on YouTube.  Often, the requirements of human resources law fly in the face of common sense, and that is true when it comes to social media.

  6. Ethics issues for lawyers:  Robert Ambrogi, a Massachusetts lawyer and consultant, answers the question, “Are you aware of any cautionary horror stories about the ethics problems caused by lawyers’ use of social media?”

  7. Ethical considerations for lawyers in social media:  Some tweets that have gotten lawyers and law students in trouble because they are, well, too honest, and can violate ethics rules or point to embarrassing facts or experiences.

  8. Social media and compliance with basic ethics rules: This 90-minute presentation does a nice job of explaining the various considerations, although the audio could be better.

  9. Divorce and social media: In this area in particular, lawyers and investigators may be mining your personal information to obtain evidence for a divorce case.  A lot of personal and highly relevant information can already be out there on Facebook. What are the ethical limitations on this type of activity, and what considerations should lawyers and clients be aware of?

  10. Serving legal documents through social media: Bloomberg covered this interesting topic recently.  Will social media change how we litigate? Can service be made via Twitter or Facebook?

  11. Law enforcement has found a new tool to monitor demonstrators and political protesters – social media.  Just as Twitter and Facebook are now essential tools for protest movements, law enforcement agencies are monitoring the social media giants and using what they find to make cases against demonstrators.

Other social media for lawyers resources on A2L's site:


best jury consultants best graphics consultants best demonstrative evidence  

Tags: Social Media, Marketing, Labor and Employment, Ethics

Confidential A2L Consulting Conflicts Check Form

Join 8,900 Subscribers and Get Notified of New Articles Every Week

Watch Now: Persuading with Storytelling

Free Litigation Webinars - Watch Now

ryan flax a2l litigation consultants webinar recorded

patent litigation webinar free litigation graphics demonstrative

Featured E-Book: The Patent Litigator's Guide to Trial Presentation & Trial Preparation

patent litigation ebook 3rd edition

Featured Free Download: The Complex Civil Litigation Trial Guide

a2l consultants complex civil litigation trial guide download

Free Webinar - Integrating Expert Evidence & Winning Arguments - Watch Anytime.

expert witness teach science complex subject courtroom webinar

Nationally Acclaimed - Voted #1 Jury Research Firm and #1 Demonstrative Evidence Firm in the U.S.

voted best demonstrative evidence consultants

A2L best demonstrative trial graphics consultants
best demonstrative evidence litigation graphics consultants

Download the (Free) Storytelling for Litigators E-Book

describe the image

Considering Using a Trial Technician at Your Next Trial? Download this first.

trial technicians trial technology atlanta houston new york boston virginia

Featured Free Download: Using Science to Prevail in Your Next Case or Controversy

using science to win at trial litigation jury

Featured FREE A2L E-Book: Using Litigation Graphics Persuasively

using litigation graphics trial graphics trial presentation consultants

Free Jury Consulting & Trial Consulting Guidebook for Litigators

jury consulting trial consultants guide

Timelines Appear In Most Trials - Learn how to get the most out of using trial timelines in this ebook

trial timelines graphics consultants litigators

Featured Complimentary eBook - The 100-page Antitrust Litigation Guide

antitrust ebook a2l litigation consultants

Featured Complimentary eBook - Leadership Lessons for Litigators and Litigation Support

leadership lessons litigation law firms litigation support

Featured E-Book: The Environmental Litigator's Guide to Trial Presentation & Prep

environmental litigation trial presentation trial prep ebook a2l


KenLopez resized 152

Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


Tony Klapper joined A2L Consulting after accumulating 20 years of litigation experience while a partner at both Reed Smith and Kirkland & Ellis. Today, he is the Managing Director of Litigation Consulting and General Counsel for A2L Consulting. Tony has significant litigation experience in products liability, toxic tort, employment, financial services, government contract, insurance, and other commercial disputes.  In those matters, he has almost always been the point person for demonstrative evidence and narrative development on his trial teams. Tony can be reached at klapper@a2lc.com.

dr laurie kuslansky jury consultant a2l consulting

Laurie R. Kuslansky, Ph.D., Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

Articles by Category

Follow A2L Consulting

Member Red Well Blog
ABA Blawg 100 2013 7th annual

Follow Us on Google+

A2L on Google+