The Courtroom Impact of Social Networking
If you’ve read my blog over the past several weeks, you’ve seen a few mentions of the recent impact of computer useage and the internet on the law. I’ve also discussed social networking problems that can arise for both employers and employees. Similar problems can, and do, arise in the courtroom, along with impacting ethical rules and the nature of advocacy.
Mike Downey, a partner in my firm’s St. Louis office, appeared yesterday on NPR’s Talk of the Nation, to discuss how social networking technologies tend to transform the courtroom and legal experience and how lawyers and judges need to be aware of the special problems they pose. You can find the audiocast and transcript here.
Perhaps the most interesting piece is a caller at the end who served as a juror in a medical malpractice trial, and had one of the expert witnesses identified as a good match by the dating site she used.
Because of the prevalence of the cell phones and computers, and each new generation’s complete familiarity and comfort with the devices and instant sharing, communication, and research, preventing occurrences like those discussed in the NPR program will be like trying to hold back a rising tide (see or hear the comments from caller Nathan).
If you work in courtrooms, or if you get to see them more than you’d like, it’s good to be aware of the complete change in socialization that is under way right now (and has been for some time), and how it may and will impact the next trial.
