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Relativity Fest 2017 in Chicago. October 23, 2017. Photo by Zach Warren/ALM Media.

Dealing with social media in e-discovery can be difficult—not just for technological reasons, but also the ethical quandaries it presents to well-meaning attorneys. Consider this scenario:

Sterling is a former employee of Clipper Ltd. and he is suing the company for wrongful termination. You, counsel for Clipper, know that Sterling has made some problematic comments on both company and individual social media accounts, and you feel his private accounts probably have more salacious material and possibly an admission.

So what do you do? The easiest way to get the information would simply be to friend him on Facebook, and you may consider doing so to be in the best service of your client. But that raises ethical issues that could lead to fines, sanctions or even disbarment.

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Zach Warren

Zach Warren is the editor-in-chief of Legaltech News. Based out of St. Paul, Minnesota, Zach has been with LTN since 2015. he can be reached at [email protected]

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