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The Matrimonial StrategistFeaturesFamily LawLJN Newsletters

Social Media: Questions of Admissibility and Ethics

By Khizar A. Sheikh, Lynne Strober and Jennifer Presti
December 01, 2017

Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this article focuses on informal methods of acquisition.

Many of the cases cited in Part One of this article relate to evidence that is publicly available. Generally, evidence that is publicly available may be gathered freely and used in any matter allowed by law or the Rules of Professional Conduct. See, e.g., Colorado Bar Association Ethics Committee Opinion 127.

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