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28.02.2015
Put simply firms must keep records of all social media communications relating to their 'business'.
The SMC4 advanced search function enables the easy search and retrieval of any social media content, finding information based on criteria. SMC4 enables basic and complex search and retrieval of any social media conversation, for example; searching for a social media conversation that were created after a particular date with a keyword of 'information OR content. Social media is where we go to tell people about what’s going on in our lives, particularly for millenials and Gen-Xers.
However, other barriers that are not quite as institutional stand between an attorney and full, complete disclosure of relevant social media. 2) Getting a judge to order plaintiff to disclose additional social media data likely requires proof that some has been withheld.


That’s right, that tool of yours that even hospitals and chiropractors begrudgingly responded to will get you nowhere with social media companies.
5) Information obtained from social media outside of discovery is very difficult to authenticate. Without supporting admission from the opposing party that the entry did, in fact, come from their social media account (or some other similarly significant supporting evidence, like the metadata your expensive eDiscovery consultant provides), your printout is likely useless.
As it stands, discovery of social media accounts and posts is far too onerous to be cost effective in most litigation.
Many good points, although not necessarily reasons to completely forego social media discovery in every case. Businesses communicating through social media sites must retain records of their communications and provide the necessary retention and retrieval functions.


It stands to reason, then, that social media is one of the first places attorneys should look during discovery. In the abstract, failing to request social media in discovery is really poor litigation strategy at best, legal malpractice at worst.



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