Attorneys should ask for social media content if they have reason to believe it contains information relevant to the case, says Ann Jacobs, a personal injury lawyer with Jacobs Injury Law S.C. in Milwaukee. That said, requests can’t be a “fishing expedition” for a person’s entire social media history. Moreover, there are ethical considerations for how information is obtained. Learn what lawyers can (and can’t) access during the discovery phase.
Jacobs presented on issues surrounding social media discovery at the State Bar’s 2016 Annual Meeting & Conference, https://amc.wisbar.org/.