Publications

Articles on Social Media

Getting Access to Social Media Evidence

By Professor Richard S. Kling, Khalid Hasan, and Martin D. Gould
December
2017
Article
Page 24
Social media content is a trove of potentially powerful evidence. How do you maximize your prospects for getting access to it? The authors explain how to use discovery and other means to obtain social media postings.

Ethics and Social Media

By Richard S. Kling, Khalid Hasan, and Martin D. Gould
August
2017
Article
Page 30
Social media is a trove of potential evidence, but lawyers must be mindful of ethical limits before attempting to get and use it. This article looks at the small body of law and advisory opinions applicable to social media evidence and related issues.

From the Newsletters - 10 Things Trial Lawyers Should Know About Social Media Evidence

February
2017
Article
Page 40
The law has been slow to catch up with social media's all-encompassing reach. Here are things to keep in mind, especially - but not exclusively - if you represent plaintiffs in litigation.

Making the Most of Online Client Reviews

By Ed Finkel
February
2017
Article
Page 22
Online reviews are scary - and for most lawyers, inevitable. Attorneys need to promote and defend themselves online without being defensive. Here's how to respond to negative reviews and otherwise manage your online reputation.

Elementary and secondary schools may not request students’ passwords to social media sites; students may be required to share content with schools during course of investigation

March
2016
Illinois Law Update
Page 26
The Right to Privacy in the School Setting Act has been amended to require students to provide their passwords to social media sites when certain violations are suspected.

The Ethics of Endorsing

By Bailey E. Cunningham
January
2016
Column
Page 50
Might your LinkedIn endorsements run afoul of ethics rules?

Supercharged Social Media Marketing

By Ed Finkel
January
2016
Article
Page 24
Are you using Google Plus? Blogging? Using video? Describing yourself consistently across social media and the web? Find out what social media power users are doing to market their practices.

ACLU sues over reaction to fake mayoral twitter account

By Matthew Hector
August
2014
LawPulse
Page 366
The lawsuit alleges that the mayor and other officials conspired to violate the First and Fourth Amendment rights of accountholder and tweeter Jon Daniel.

Building Your Case with Social Media Evidence

By Ed Finkel
June
2014
Article
Page 276
Can you get the other side's damaging Facebook posts into evidence? How do you make sure they don't vanish? Here's a look at emerging principles and best practices.

Want More Clients? Start Blogging

By Mark S. Mathewson
May
2014
Column
Page 250
Blogging drives prospective clients through social media to your website.

Workplace Social Media Policies That Work

By Angela S. McQuage
January
2014
Article
Page 32
Employers understandably want to create policies limiting employees' social media posts about company business. But the NLRA imposes some surprising limits.

Blogging, Marketing, and the Rules of Professional Conduct

By Charles J. Northrup
October
2013
Column
Page 536
A recent Virginia case offers dos and don'ts for lawyer blogging.

Researching Jurors Online: Voir Dire in the Digital Age

By Hon. Raymond Rossi
October
2013
Article
Page 514
The why and how of researching prospective jurors online.

Facebook: What Family Lawyers Should Know

By Adam C. Kibort
July
2013
Article
Page 344
A look at Facebook-related issues that arise during divorce and suggestions for advising your clients.

Employers barred from requesting social media passwords. PA 097-0875

May
2013
Illinois Law Update
Page 228
Illinois employers are now prohibited from requesting or requiring password or account information or demanding access to employees' or prospective employees' social networking profiles. 820 ILCS 55/10.

The Lawyer’s iPad: Using Tablets in Your Practice

By Maria Kantzavelos
May
2013
Article
Page 232
Can you really use your mobile device to practice more effectively? Tech experts say "yes" and tell you how.

Marketing Your Practice via Social Media

By Maria Kantzavelos
April
2013
Article
Page 180
You can find clients on Facebook and LinkedIn. Or, more to the point, they can find you. But be sure to go about it the right way or you'll lose business and run afoul of ethics rules.

Lawyers and LinkedIn endorsements: proceed with caution

By Adam W. Lasker
January
2013
LawPulse
Page 10
LinkedIn members know that "endorsements" are popping up everywhere. Can you make and accept them? Yes, but mind your ethical ps and qs, an authority warns.

#Oyez, #Oyez: Why Judges Should Let Reporters Tweet from the Courtroom

By Esther Seitz
January
2013
Article
Page 38
The author argues that Illinois courts should embrace tweeting and other microblogging by reporters as an immediate and non-disruptive way to acquaint the public with the workings of the judiciary.

Tips for Authenticating Social Media Evidence

By Nicholas O. McCann
September
2012
Article
Page 482
Illinois practitioners should prepare to meet strict authentication requirements until clear rules are established. Here's a look at the cases and advice about how to proceed.

Proposal would stop employers from seeking social network passwords

By Adam W. Lasker
May
2012
LawPulse
Page 234
Proposed legislation would forbid employers from asking for employees' and job applicants' social-media passwords, but some lawyers argue for a public-safety exception.

Ethics Puzzlers: Facebook, Fees, and More

By Peter L. Rotskoff and Melinda J. Bentley
February
2012
Article
Page 84
What if opposing counsel wins a continuance to go to a funeral but takes an island vacation instead (and posts photos on Facebook)? Ethics authorities explore these and other hypotheticals.

Friending Your Enemies, Tweeting Your Trials: Using Social Media Ethically

By Helen W. Gunnarsson
October
2011
Article
Page 500
A look at the special ethical challenges that arise when lawyers use Facebook, Twitter and the like and how to address them.

Exile on Face Tweet: Lawyer Networking on Social Media

By John G. Locallo
September
2011
Column
Page 432
You can't afford not to use Facebook, LinkedIn, and Twitter.

To Tweet or Not to Tweet?

By Helen W. Gunnarsson
August
2011
Article
Page 396
Don't get Twitter? You're not alone. But lawyers are using it to reach out to fellow practitioners and communicate with the public.

Tweeting the law

By Helen W. Gunnarsson
August
2011
LawPulse
Page 382
Lawyers, bar associations, courts, and others use Twitter to push out news, cases, job openings, and more.

A Business Lawyer Plugs into the Business of Law

By Helen W. Gunnarsson
July
2011
Article
Page 340
ISBA President John G. Locallo will use his bully pulpit to help lawyers understand the power and importance of practice-oriented technology.

Loose-Lipped Jurors in the Facebook Age: What Courts Can Do About Unauthorized Electronic Communication

By Jasmine Villaflor Hernandez and Jessica LeeAnn Cummings
July
2011
Article
Page 344
Inappropriate posting, texting, and tweeting by jurors can wreak havoc with the trial process.

Who Posted That? Anonymous Online Speech and the First Amendment

By Sarah A. Smith
April
2011
Article
Page 194
There's a trend in defamation litigation to use pre-suit discovery procedures to uncover the identities of anonymous online commenters. The author considers the implications.

Ethics in the age of Twitter

By Helen W. Gunnarsson
January
2011
LawPulse
Page 10

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