The Legal Advocate

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How “Fake News” Impacts Your Jurors

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NITA author Michelle Sherman recently wrote an article about the nexus of “fake news” and impaneled jurors for the CEBblog, a legal news portal for California’s Continuing Education of the Bar.

In Don’t Let Fake News Cynicism Get in the Way of Your Social Media Evidence, Sherman describes how the definition of “fake news” has changed in recent years to mean “any news story that’s viewed as critical of the federal government or elected officials,” and that this phenomenon is affecting the conduct of trials:

“This cynicism has gained traction and is likely already bleeding into the courtroom through impaneled jurors who are more skeptical of evidence presented at trial. This makes it even more important that lawyers think early on about how to authenticate their documentary evidence.”

Sherman then describes four steps you must perform to help dispel jurors’ skepticism as to the authenticity of the social media posts you enter into evidence.

Learn more about using social media evidence at trial by tuning into Michelle Sherman’s free webcast, Winning with Social Media: A to Z, and reading her book, Winning with Social Media: A Desktop Guide for Lawyers Using Social Media in Litigation and Trial.

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NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial justice system. NITA's Goals are to:
  • Promote justice through effective and ethical advocacy.
  • Train and mentor lawyers to be competent and ethical advocates in pursuit of justice.
  • Develop and teach trial advocacy skills to support and promote the effective and fair administration of justice.
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