Eating your words just took on a whole new meaning. Whether you tweet, post on Facebook, or are active on the new Google+, it is important to remember that what is said, posted or received may be used in the course of court proceedings.

This article briefly considers the way in which core aspects of dispute resolution have been affected by social media, namely notice; preservation, production and discovery of documents; and the use of documents in a court or arbitral proceeding. Blakes brought this to our attention in their post, “Use of Social Media in Dispute Proceedings.”

This goes back to what I have said over and over, there is no way to infer attitude in writing as easy as in speech. Just adding an emoticon at the end doesn’t take the sting away. Explaining away a post with 🙂 probably won’t fly in court.

Melody K. Smith

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