Litigators have long known that electronic-mail messages are a fertile source of discovery because people often send their unguarded and candid thoughts by email. But social media posts can be a litigator’s nirvana or hell, depending on the circumstances, because many people reveal even more intimate information on this medium, sometimes in much greater volume. Social media posts can make your client’s case, or destroy it, depending on who you represent.
Daniel I. Prywes discusses the pitfalls of seeking discovery of social media content by “self-help,” or by using formal discovery procedures.
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