Last fall I presented at the Kentucky Bar Association’s CLE, the Kentucky Law Update, on the topic of Social Media. My co-presenter, Stuart Adams, and I did the presentation in a variety of cities throughout the state starting in September and ending in December. By the time we finished we had revamped our original notes, because the September version was out-of-date.
(photo from savethetigerfund.org)
One of the things we discussed was the impact that jurors have on the outcome of cases when they engage in social networking. It seems that the don’t talk about it mantra of olden days didn’t always translate when it came down to discussing, commenting and posting about an ongoing trial in the days of mobile social media use.
And this phenomenon is being addressed in a variety of manners. The latest is the drafted Model Jury Instructions on the Use of Electronic Technology to Conduct Research on or Communicate About a Case (December 2009). This effort combined with individual efforts by bar associations throughout the nation may rein in the misuse and subsequent mistrials of social networking in the judicial process.
The good news is that this Model and the implementation of strategic social media policies within law firms and other judicial system agents is getting in front of the problem. Proactiveness is a much better defense in this game.
Hat tip to the Law Librarian Blog
