“The discovery and use of social media in litigation is developing rapidly. Keeping up with the law and with the technology itself is not optional. If your client is a social media user and you are not familiar with the media, both you and your client are vulnerable. You need to know how it works so that you can understand the discovery requests you get, judge their reasonableness, reach a conclusion that is supported by the facts and the law, and then defend that conclusion to the court, if necessary. You simply cannot do that without understanding the subject matter.”
About the Authors: Malcolm P. McConnell III is the lead attorney of the medical malpractice team at Allen, Allen, Allen & Allen. He is certified in medical malpractice law by the American Board of Professional Liability Attorneys and serves on its Board of Governors, and is a member of the VTLA Board of Governors. His horizons have broadened further as an active participant in the legislative area and now in social media. Mic is a graduate of the University of Richmond where he also received his law degree. Scott D. Fitzgerald is a personal injury attorney with Allen, Allen, Allen & Allen. Prior to joining his family’s law firm, he was a law clerk at the Virginia Attorney General’s office in their civil litigation division. He is a recent graduate of The College of William & Mary and its Law School.