There is still quite a bit of controversy over the use of social media monitoring to gain information needed for a trial. However, more and more law firms are turning toward their computer to find relevant information. Consider the following uses for social media monitoring:
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In a workman's comp case, the employee claims that an injury obtained while working prevents him from continuing to work. However, a social media monitoring search indicates that this employee is an active participant in an online forum for surfers, and has recently posted tales of his surfing adventures from last weekend.
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When expert witnesses will be testifying, learning more about their background, history, attitudes and beliefs may prove useful during questioning. Social media monitoring can be used to learn more about expert witnesses to prepare for trial.
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More and more law firms are trying to do more with less, thanks to the current economic conditions. Social media monitoring can be useful when focus groups and/or mock trials cannot be conducted. By conducting online research in specific geographic areas surroudning themes related to the case, lawyers can gain valuable information related to community beliefs and attitudes, general thoughts and opinions related to the topic of the case, and other information that can guide a case.
Keep in mind that social media monitoring gleans information that is publically available online, unlike some unethical practices, including lawyers "friending" the spouse of someone they are defending in divorce proceedings on Facebook to otherwise spy and obtain what could be private information.
There is quite a bit of discussion online regarding the use of social media monitoring as it relates to trial preparation and jury selection; for now, public information that can be collected online is proving a useful source of information for trial preparation.