Much has been written (in this column and elsewhere) regarding lawyers’ adoption of social media and other Internet-enabled applications for such diverse purposes as discovery, advertising, client communication, research and the like. Indeed, due to the proliferation of portable devices, including laptops, smartphones and tablets, whether in their offices or not, lawyers now rely on ubiquitous and pervasive Internet access to perform a host of practice-related tasks. It has become such an integral part of lawyers’ day-to-day professional lives that some level of familiarity with available Internet technology is expected.
Perhaps no practice area has been as affected by the availability of Internet-enabled applications as the practice of litigation. To date, many of the court decisions in this area have focused on the impact of such applications to matters that are extrinsic to the conduct of court proceedings, such as the admissibility of social media content as evidence or the permissible scope of social media use by lawyers or judges in ways that blur private and public life.
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