Social Media for Litigators: Admissibility and Ethical Requirements

MCLE Credits: 2.0
Ethics Credits Included: 1.0

Wednesday, May 10, 12:00 p.m. - 2:00 p.m. ET

Wednesday, May 24, 12:00 p.m. - 2:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 2.0 (Ethics: 1.0)
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Registration Fees:

$145 regular registration
$95 discounted registration for VSB Litigation Section members

Information

Why Attend?

At one time, you could ignore these technologies—not anymore!

  • Understand your ethical duties as they relate to the use of technology
  • Explore how to implement some technological best practices
  • Gain an appreciation for the value of social media as evidence
  • Learn how to collect, preserve, and admit social media evidence in court

Cosponsored with the Litigation Section of the Virginia State Bar

Technology in general, and social media in particular, are no longer issues that may be blissfully ignored by lawyers. Recent amendments to Rules of Professional Conduct 1.1 and 1.6 related to Competence and Confidentiality make it clear that lawyers have a duty to understand relevant technology to a “reasonable” degree, the exact contours of which remain yet unclear. As a further matter of Competence, understanding social media is especially necessary for litigators, as its very existence can be a boon—or bust—for your case. Finding, preserving, and ultimately successfully introducing it at trial are skills important as any other.

This seminar will explore both of these topic areas to ensure you are employing technological best practices with regard to your use of technology, and can exploit that knowledge at trial in the appropriate case.

 

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Government Attorney? Receive a 50% discount on this and most seminars, and a 30% discount on publications.
New Virginia Lawyer? (less than three years) Receive a 25% discount on this and most seminars and publications.


Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (May 10)

12:00 Part I: Using Rules 1.1 and 1.6 as a backdrop, this part will explain and discuss the benefits and risks, best practices and ethical pitfalls, as they relate to:
  • Data security
  • Two-factor authentication
  • Staff training and access
  • Remote access (“Really, what is the Cloud?”)
  • Email encryption
1:00 Part II: Once your own ethical responsibilities for technology are taken care of, it’s time to address the use of one aspect of those technologies—social media—at trial.  The discussion will include:
  • Circumstances under which social media evidence is, and is not, discoverable
  • Use of informal and formal discovery to obtain social media evidence
  • Best practices to prevent your client, and client affiliate, from wrecking his own case with social media
  • How to preserve and collect your own client’s social media evidence
  • Authentication of social media evidence at trial
  • Researching and monitoring jurors and witnesses with state-of-the-art social media collection tools
2:00 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 11:30 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (May 24)

12:00 Part I: Using Rules 1.1 and 1.6 as a backdrop, this part will explain and discuss the benefits and risks, best practices and ethical pitfalls, as they relate to:
  • Data security
  • Two-factor authentication
  • Staff training and access
  • Remote access (“Really, what is the Cloud?”)
  • Email encryption
1:00 Part II: Once your own ethical responsibilities for technology are taken care of, it’s time to address the use of one aspect of those technologies—social media—at trial.  The discussion will include:
  • Circumstances under which social media evidence is, and is not, discoverable
  • Use of informal and formal discovery to obtain social media evidence
  • Best practices to prevent your client, and client affiliate, from wrecking his own case with social media
  • How to preserve and collect your own client’s social media evidence
  • Authentication of social media evidence at trial
  • Researching and monitoring jurors and witnesses with state-of-the-art social media collection tools
2:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

Les S. Bowers, Gentry Locke / Roanoke
David W. Thomas, MichieHamlett / Charlottesville    

Locations, Dates and Fees

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