More and more attorneys and judges are using social media, either for its intended purpose of social networking (and, for the lesser intended purpose of marketing) or for its unintended purpose of investigative research.
There has been much discussion online amongst legal experts about what sorts of investigative activity is ethical for lawyers to engage in. Most Bar Associations however, have not yet addressed this topic. Two exceptions are the Philadelphia Bar and the New York State Bar.
Imagine that you could find and have admitted as evidence virtually any public historical web content, and without having to rely on discovery from the opposing party. Imagine that you could thereby establish when specific information was first published, updated, or available online - e.g., patent disclosures, marks and copyrighted materials, terms of service, advertised claims regarding products
Lawyers looking for evidence need to start thinking about looking "virtually." With increasing amounts of "paperless" information being added to the Internet every minute of every day, there is an increasing chance lawyers could find potentially relevant evidence there. Evidence to prove or refute a point in contention, get the upper hand in a settlement conference, or decide w