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Collision of expert witnesses, social media

By: TRACY L COENEN//April 20, 2009//

Collision of expert witnesses, social media

By: TRACY L COENEN//April 20, 2009//

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Tracy L. Coenen
Tracy L. Coenen

Ask a random group of attorneys what they think of social media, and you’ll get some funny looks. Several of them will turn up their noses, while an equal number will have no idea what you’re talking about. A few may have a favorable opinion of social media, and a couple may even participate in this phenomenon.

What exactly is social media? For the uninitiated, it’s simply a category of online resources used by people to communicate with one another, research topics of interest, stay on top of current events, and even market their businesses.

A blog (more properly called a “weblog”) is essentially your own place on the internet to write about topics of your choice. Professionals tend to use blogs to write about news affecting their industries, promote their businesses and expertise, and engage in dialogue with others in far away places.

Sites like Facebook, LinkedIn, and Twitter are considered to be more pure social media than blogging. A blog can be created and maintained without interaction with other people, if that’s what the writer chooses. Facebook, Twitter, and other social media sites require interaction with others to make them worthwhile. On these sites, you will “connect” with people you know or are interested in, and you’ll be able to see updates they post about themselves and their companies, articles they’ve written, and articles they find interesting.

All Fun and Games?

There is a common bias against social media: That it’s simply a waste of time because it is mostly about socializing and games. While there is definitely a very personal component to Twitter, Facebook, and other social media sites, their utility goes far beyond being a neat way to kill some time.

These sites are being actively and aggressively used by people who have a business reason to be there. Many participate because they love the exchange of knowledge and are eager to fill others in on current events, industry happenings, or interesting news stories. Others participate mostly to promote their companies and brands in some way.

Some join in the discussion to raise their professional profiles and to gain credibility in their fields.

Whatever the goal behind the use of social media, it is important to keep your eye on the prize. Yes, plenty of time can be spent browsing these sites and bantering with others. In order to make the interactions useful, however, there needs to be a focus to those interactions. And in order to be successful with social media, there is a give and take which must occur. Many professionals find there is a fine balance between using social media professionally and personally.

Social Media for Experts?

Many lawyers are leery of social media, and often with good reason. Most of the time, it’s because they simply don’t know enough about the sites and the interactions. Other times it is because they’re afraid that something inappropriate is going to be said or found through social media. Those are both valid concerns.

Should you be concerned if the expert witness in your case is blogging or regularly posting on a site like Twitter? Probably not. For a good expert witness, social media should be an outlet to demonstrate expertise.

However, lawyers often wonder about the ramifications when an expert testifies in a case. Could opposing counsel dig up a bunch of writings online and use them against the expert?

Hopefully the writings will be found, but there will be nothing of concern in them. Again, this is a valid concern to address, but the paranoia surrounding it is probably a little overblown.

It is important that the expert witness always be consistent. This goes beyond using consistent methodology from case to case. It now also includes being consistent in all writings, online or off line. That shouldn’t be hard to do if the expert knows her or his field well enough and has established a core set of values and opinions.

There are certain topics that an expert should probably avoid discussing online. Of course, she or he can’t talk about a pending case, and should be careful speaking about past cases as it relates to confidential information. Inflammatory topics like race and religion might also be avoided by the cautious expert.

In general, however, a good expert knows what lines should not be crossed. It definitely makes sense to take a look at what an expert is doing online. Go ahead and search for things like a personal blog or a profile on Twitter or LinkedIn, and give a brief reading of what has been written. Familiarize yourself with the topics the expert writes about, and see what kinds of discussions are happening around those topics.

Does the expert show consistency in the opinions? Is good judgment exercised in what is posted? Is there anything which might harm your case? It’s pretty easy to identify problem material and weed out that expert. The flip side of this vetting process is that you might also find your expert is more knowledgeable than you anticipated or has some professional connections that could benefit you or your clients.

Many people are still learning the basics of social media, and it is something that is constantly evolving. Today’s popular social media tool may likely be replaced a year or two from now.

The only thing you can count on in social media is that it will keep changing rapidly. But social media is not something to be feared in the hands of responsible users.

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