As the use of social media continues to expand, lawyers will increasingly rely on evidence gleaned from social media sources. This is already true in several areas of litigation, including various types of intellectual property litigation. Thus far, the rules of civil procedure, evidence, and professional conduct have addressed many of the issues that arise regarding the acquisition and use of social media evidence. Lawyers should at least investigate social media usage by key parties in each particular case in order to be aware of what social media evidence could be available. Lawyers are also responsible for having a basic understanding of how to obtain and effectively use social media evidence to advocate on behalf of the client. Several recent cases and bar association opinions shed light on the utility and traps of obtaining and using social media evidence.
Jennifer K. Gregory, #BewareOfOvershare: Social Media Discovery and Importance in Intellectual Property Litigation, 12 J. Marshall Rev. Intell. Prop. L. 449 (2013)