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Mining Social Media Gold

By Janice G. Inman

The widespread use of social media has made it easier to gather evidence for many types of litigation, and the matrimonial field is no exception. The American Academy of Matrimonial Lawyers reported in 2010 that 81% of the top U.S. divorce attorneys it surveyed noted an increase in the use of evidence gathered from social networks, with Facebook being the most commonly cited source of valuable evidence. See “Big Surge in Social Networking Evidence Says Survey of Nation's Top Divorce Lawyers,” www.aaml.org/about-the-academy/press/press-releases/e-discovery/big-surge-social-networking-evidence-says-survey- (last accessed 4/25/11).

The value to litigants of checking an adverse party's social networking communications cannot be overlooked. Evidence found there may be admissible at trial, or may lead to admissible evidence. Lawyers, private investigators and litigants themselves may access others' social networking data under certain circumstances, but limitations apply. If information is going to be obtained from public and semi-private social media, counsel must make sure that it is gathered in a lawful and ethical manner.

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