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Facebook in the courts

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  • 1. Facebook in the Courts | Social Media Law Student http://socialmedialawstudent.com/social‐media/facebook‐in‐the‐... Apr 13th, 2009 | By Josh Camson | Category: Facebook, Featured, Lead Article, Social Media If you're new here, and interested in using social media in the legal profession, you may want to subscribe to the RSS feed or follow us on Twitter @Rex7, @lbergus, and @JoshCamson. Thank you for visiting SocialMediaLawStudent.com. Last week attorneys Nick S. Pujji, Anahit Tagvoryan, and Joshua M. Briones from DLA Piper wrote an informative piece about Facebook as a platform for serving process. The article does a nice job discussing the Federal Rules of Civil Procedure. It gives an overview on how Facebook already is changing the courts, and how it can continue to do so. The materials and photographs that become a part of an individual’s on-line profile are already being used as admissible evidence in US courts. Will the ability to serve process via the virtual world be the next milestone? The implications of this possibility are considerable. Many Facebook users joined the website for fun and amusement or to more easily keep in touch with family and friends. Their membership, however, may also make them more accessible to the legal system. Professional process servers may soon no longer be required to play cat-and-mouse games in the physical world in order to personally serve individuals. What the article does not discuss are the serious privacy implications here. In Australia the judge required service via a Facebook message, and not a posting on the individual’s wall. But what if he didn’t? Imagine checking your e-mail to see that someone has written on your wall… and you are being served with divorce papers. How do you think Facebook specifically and social media generally should play into the court systems in the future? Let’s hear in the comments. Original article. See Related Article: Implications of Electronic Communication on Family Law Litigation ShareThis Your organization's Internet use policy r Share Page Related posts: Chat with your friends 1 of 2 9/13/2010 2:57 PM
  • 2. Facebook in the Courts | Social Media Law Student http://socialmedialawstudent.com/social‐media/facebook‐in‐the‐... Court Order Tweeted Instead of Served Implications of Electronic Communication on Family Law Litigation Courts Cracking Down on Jurors Facebook Cuts Junk Launches Facebook Lite Digital Life after Death: Social Media and Your Digital Content Post Mortem School Sues Student for Facebook Comments A Lawyer Can Have a Facebook Page EFF Sues Federal Agencies to Release Social Media Policies Twitter, Fists, Thin-Slicing and the Law Would You Advertise Yourself on Facebook? Tags: admissible evidence, Facebook, privacy implications Kendall Smith April 16th, 2009 8:50 am : Social media is certainly changing the way we work. I agree with your points, that which was supposed to be “fun” is now “scary”. What about, though, secure lawyer-to-lawyer exchange of documents (pleadings, etc) via such a platform? Would lawyers willingly register and “recommend” to other lawyers to join a “case community” so that secure, trackable, online exchange of documents could be facilitiated vs paper or other means? You’ve gathered quite a following, when you begin to practice, is this something that you would find compelling? [Reply] Josh Camson April 16th, 2009 10:22 am : My immediate thought about such a system is that it sounds very similar to a somewhat more secure, possibly more reliable form of e-mail. To that extent the replacement of paper with a paperless system is definitely something that should happen very soon. Of course a large number of courts now allow or require electronic filing. However, it is not everywhere yet and it needs to be. I would be curious to hear more about your proposed plan and how it would fit in and compliment the current systems. [Reply] Kendall Smith Reply: April 28th, 2009 at 7:08 am Hi again: I missed your response somehow..sorry! I’ll send you some more food for thought on this…yes, tie-ins are key, and luckily, we’ve built it for the most part…now trying to identify who that “early adopter” would be…. I’ll email you directly soon. Thanks [Reply] Get Your Avatar Here Additional comments powered by BackType 2 of 2 9/13/2010 2:57 PM