Product Description

There are tremendous amounts of online evidence, including on social media sites that can make or break any case. And that information can disappear quickly. This program gives you practical ideas about how you can use public information during informal discovery as well as in formal discovery, fact investigation, witness preparation, and jury selection. The expert panel also discusses why you should search publicly available information about your own clients and witnesses to avoid surprises.

In addition, the panel discusses the tricky ethical rules emerging in this important area. This program provides many examples, lists of available sites, and practical suggestions about organizing and analyzing the data. Don’t leave evidence out there that you could use to win your next case!

Agenda & Materials

• 2:00 pm - 2:05 pm

  Welcome and Introduction

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  Michelle R. Peirce, Esq., Hinckley Allen & Snyder LLP , Boston
  
• 2:05 pm - 2:15 pm

  Discussion of Social Media from the Investigator’s Viewpoint

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  Steven R. Verronneau, MWV Multi-Media Forensic Investigative Services, Inc. , Fall River
  
• 2:15 pm - 2:30 pm

  Informal Discovery – Types of Info Available and How Used

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  Ways in which can use info (expert research; admissions; pictures; witness work) and colorful examples of social media’s use in cases

  Michelle R. Peirce, Esq., Hinckley Allen & Snyder LLP , Boston
  
• 2:30 pm - 3:00 pm

  Informal Discovery – Ethical Pitfalls

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  Deceptive investigation tactics and engaging in prohibited communications; How lawyers are held accountable; ABA Model Rules; MA on Use of Social Media

  Carol A. Starkey, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP , Boston
  
• 3:00 pm - 3:15 pm

  Networking and Refreshment Break
• 3:15 pm - 3:30 pm

  Formal Discovery – Legal Issues

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  Stored Communications Act; Written discovery; Deposition; Subpoenas; Motions to compel

  Michelle R. Peirce, Esq., Hinckley Allen & Snyder LLP , Boston
  
• 4:15 pm - 4:55 pm

  Social Media at Trial – Admissibility at Trial, Jury Instructions, Jury Selection, Investigating Jurors, Juror Misconduct

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  Panel
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Chair

Faculty