More lawyers are learning the hard way that courts will not grant social media discovery requests without first laying a foundation for access to the accounts and information being sought.
A trial court judge on New York’s Long Island recently granted two different motions to strike defense requests for social media and electronic discovery in a single personal injury case (read the decision below).
The decision reinforces the idea that Facebook “fishing expeditions” are likely to be denied. Lawyers who simply ask for social media and electronic data, will be wishing they had done their homework, because without showing how and why they should be granted access to it, their requests will almost certainly be denied.
At Justia, we like rooting for the underdog. Chalk it up to our young geek days fighting playground bullies, we’re all about challenging old school thinking. That’s why we congratulate Cleveland federal appeals lawyer David Mills for a U.S. Supreme Court victory only a few years after opening his solo practice.
Like others before him, Mills faced an uphill battle prospecting for new clients, but he was determined to make his practice work.
Black Friday and Cyber Monday have come and gone, but there’s still time to get terrific gifts for lawyers and clients. Here are some of our favs:
The Apple iPad — It’s sleek, small, and über cool. It holds nifty free legal apps like Fastcase to find state and federal statutes and cases and Oyez’s PocketJustice that let’s lawyers listen to Supreme Court oral arguments. When your attorney friend is done raging at opposing counsel’s latest outrageous offer to their client, the attorney can vent his or her anger by playing Angry Birds or Star Wars Falcon Gunner. Plus, it makes them (and everyone they meet) think that they’re a swell lawyer, right?
Adopt a Volume of the Federal Reporter — No, we’re not crazy (at least not all the time)! For $1,200, you can actually make a tax-deductible donation to Public.Resource.Org to support scanning a volume or two of the first series of the Federal Reporter of the United States in the name of your favorite lawyer or law firm. The donation is to help them “adopt” a volume of federal case law from 1880 – 1924 that is now in the public domain.
OK, I know I totally missed the boat on this post–National Pro Bono Week was two weeks ago. I was too distracted by Halloween to notice, but I have been thinking about writing this post for awhile. Better late than never, so here we go!
Doing pro bono work is good for the community and your bottom line. Law school taught us that we have a professional responsibility to give back and to promote professional goodwill toward lawyers. But, this post is not about the warm fuzzy feeling you get from helping people. Instead, I want to explain how volunteering can help your practice in substantial ways.