Last week, we told you about Winning with Social Media, our brand-new book about how to harness the power of social media evidence in trials and litigation, written by NITA author Michelle Sherman. This week, we’re excited to share a book review that appeared in Above the Law, one of the top legal blogs (or “blawgs”) in the country.
In Stop Avoiding Social Media—Use It to Win, Olga V. Mack and Katia Bloom underscore Sherman’s message of the importance of lawyers learning how to deal with social media evidence:
Throwing in plenty of real-world examples and case law, [Winning with Social Media] covers the life of a legal action from the initial meeting with a client through trial. Sherman also foreshadows a day where lawyers may be risking sanctions or worse, if they don’t make social media part of their litigation strategy. Courts have less and less sympathy for lawyers claiming to be surprised by a client’s, or any other player in a particular case, use of social media. This notion also extends to jurors and what they’re saying publicly on social media. Lawyers need to be talking to their clients about preserving their social media footprint, not deleting or trying to clean it up.
There aren’t a lot of texts available about utilizing social media posts as evidence, and yet Facebook posts, tweets, Snapchats, and the like increasingly figure in cases ranging from divorce and child custody to wrongful termination, from narcotics trafficking to invasion of privacy, from breach of contract to intellectual property, from DUI to professional malpractice. In short: every practice area you can name.
“As a longstanding, loyal reader of Above The Law, this was truly a ‘bucket list’ moment for me as a writer to have them cover my book, and recommend it as a must-read to litigators and in-house counsel,” said Michelle.
Buy the book (print and electronic versions) here.
Author and NITA faculty member Michelle Sherman’s latest book, Winning with Social Media: A Desktop Guide for Lawyers Using Social Media in Litigation and Trial, talks about the social media phenomenon that has become the norm of today’s society. Now, social media also has an incredible impact in the legal arena.
The oversharing that happens on social networking sites can make or break a case. As Sherman delves into the ever-changing landscape of social media and technology, readers will get an inside look and become much more comfortable using social media in order to see how helpful evidence from these sites can be. You’ll discover how this modern form of evidence plays a key role in cases ranging from divorce and child custody to wrongful termination, and much more.
Furthermore, you’ll learn how to conduct informal discovery for getting social media discovery from the opposition, authenticate “ownership” of social media accounts and the incriminating posts made to them, use and monitor posts, and much more! In the 21st century nowadays, you cannot simply ignore social media, so if you don’t know how to use it or how it can benefit your case, then pick up Sherman’s book today and learn how you too can use social media to your advantage.
Retail Price: $60
Peters v. Denver, written by Professor Thomas Jay Leach and Professor Cary Bricker, both of Pacific McGeorge Law School, is a civil action charging legal malpractice on the part of attorney D.C. Denver. Paul Peters was tried and convicted on charges of aggravated battery and attempted murder. Along with his co-defendant, Carl Chastis, Peters was co-represented by Denver the time of their arrest through the verdict. Neither defendant testified in the criminal trial and both men were convicted on all charges, furthermore, Peters received a prison sentence of life with parole after 20 years.
In this suit, Peters charges that Denver provided his defense under an impermissible conflict of interest between his duties to the two criminal defendants, depriving Peters of proper representation which led to his conviction. This well-balanced case could go either way, and its ethics issues are a subject for challenging questions to witnesses as well as well-reasoned closing arguments.
Retail Price: $38
In the second edition of Williams v. Simonson by Professor Anthony Bocchino and David A. Sonenshein, plaintiff Mary Anne Williams seeks to recover damages for gender discrimination and the tort of defamation and is suing David Simonson, Christine Jefferson, Nita University, and the Patterson Institute. Williams seeks back pay, lost pay, damages, and reinstatement. There are five potential claims in this case file which is set in a university environment.
Designed for advanced advocacy training, Williams v. Simonson involves difficult legal and factual issues for jury resolution and requires the examination of expert witnesses. Please note, Williams is available in four versions: Trial, Faculty, Plaintiff, and Defendant, and are each sold separately.
Retail Price: $38
A couple weeks ago, we told you about a lawsuit involving pool floats that sounded straight out of a NITA case file. Well, here we go again, with a news report about someone in the beauty pageant world suing for defamation—or as it’s called here at NITA, Stanton v. Armstrong.
What’s next, litigants of the world? A real estate ripoff involving retirees in the wine country? A baseball fan getting dinged with a souvenir bat? Dairy cows being poisoned by energy extraction near the farm?
We wouldn’t be surprised.
After all, #nitadiditfirst.