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  • Social media analysis of witness accounts to obtain relevant information or to impeach witness credibility or credentials;
  • Real time voir dire juror profile and background research which can be very helpful in making peremptory challenges;
  • Pre and post-trial social media monitoring;
  • Social media research and profiles based on witness/individual’s internet presence;
  • Social media research and retrieval of archived posts from years ago that may assist in witness impeachment or provide valuable information in developing a legal defense;
  • Research and documentation of Facebook presence, as well as ability to review friends’ accounts for commentary that may be beneficial to case;
  • Guidance regarding subpoenaing various social media platforms and/or requesting letters of preservation;
  • Potential retrieval of your client’s deleted Facebook posts.
ABA Formal Opinion 466 - Social Media Use




Recently, the ABA has issued Formal Opinion 466 regarding the use of “electronic social media” (ESM) to obtain publicly accessible information from potential jurors' or litigant's social media presence. The ABA has determined that “passive lawyer review of a juror's website that is available without making an access request" may be reviewed by attorneys. In short, this means as long as you are not specifically “friend requesting” an individual to view privately posted information, you may review their social media presence as an investigative tool or to obtain profiles of prospective jurors for the purpose of voir dire. A Florida juror was arrested recently for posting on Facebook while on Jury Duty.