The Art of Litigation » Discovery

Defending Your Client With Social Network Discovery

Woodruff — Mon, 13 Dec 2010 14:30:54 +0000

In today’s world of social networks, many litigators are unwise to leave these mines of data out of their discovery plans. People routinely place a lot of information online. All of this information can be great for use in building case themes and gaining visuals to build your defenses.

You cannot “friend” the other party under the current rules of professional conduct. However, you should be able to obtain information through a set of interrogatories regarding what social networks he uses. You would also want access to the passwords.

Several courts have already allowed for the discovery of such information. I believe you will find the social networks to be a treasure trove of information. You will probably be surprised at how many individuals have waived their attorney-client privilege through such media.

Resources:

McMillen v Hummingbird Speedway

Limited Discovery of Facebook Allowed in Harassment Case

Judge Grants Discovery of Postings on Social Media

Always Check Your Judge’s Background

Woodruff — Mon, 08 Nov 2010 14:39:53 +0000

As an advocate you must ensure your client gets a fair hearing. Part of that process is learning about the judge assigned to your case.

Famous Trials

Woodruff — Mon, 21 Jun 2010 22:09:41 +0000

Douglas Linder at the University of Missouri – Kansas City School of Law has created a webpage of famous trials. It contains transcripts, biographies, and other information. The earliest trial included is that of Socrates (399 B.C.). The most recent trial covered is the prosecution of Moussauri in 2006. It is a great source of information.

Famous Trials.

Great Moments in Deposition History II

Woodruff — Thu, 10 Jun 2010 21:29:51 +0000

Actually, it’s probably one of the not-so-great moments in deposition history.

Great Moments in Deposition History

Woodruff — Sat, 15 May 2010 23:49:50 +0000

And just like that, a new case theme is created.

Exceptions to the Hearsay Rule – Federal Rules of Evidence 803

Woodruff — Tue, 20 Oct 2009 17:50:52 +0000

This should be entertaining for those taking evidence.

Depositions Gone Wild

Woodruff — Thu, 15 Oct 2009 01:59:27 +0000

Sometimes depositions just start on a bad foot.

The Florida Discovery Handbook

Woodruff — Sat, 22 Aug 2009 06:02:13 +0000

The Trial Lawyers Section of the Florida Bar has created a very useful discovery reference. I have recommended it to both practicing lawyers and pro se litigants.

The Florida Handbook on Discovery: http://www.flatls.org/index.php?option=com_rubberdoc&view=category&id=40&Itemid=62