For those who are unaware, there is a new saying in the electronic age, clearly reminiscent of a Miranda right: “Anything you post online can and will be used against you.” The continuing popularity of social networking sites such as MySpace, Facebook and Twitter, along with search engine sites and YouTube, are having a tremendous impact at trial.
Prior to the electronic age, trial lawyers had to search for days just to come up with one piece of damning evidence against an opposing witness. Today, however, a 15-minute Internet search can reveal a vast amount of information which, if properly used, can serve as the basis for a powerful attack at trial. Moreover, conducting an Internet-based search prior to the start of a deposition can allow for a powerful setup of a witness which can facilitate an effective attack during trial.
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