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Discovering and Reviewing Facebook Just Got a Whole Lot Easier for Certified Legal Nurse Consultants

Plaintiff and defense attorneys have been given an incredible gift by Mark Zuckerberg and the Facebook team. I’m not sure that Facebook had the plaintiff or defense bars in mind when they added the upgrade that allows Facebook users to download a “complete” copy of the postings to their profiles. This tool captures messages sent back and forth by members using the messaging function and captures postings to your profile, video, photographs, etc.

I’ve blogged in the past about the discoverability of postings on Facebook and other social media sites. Prior to today, when it’s been claimed that content on a site like Facebook is subject to discovery, judges have gone to great lengths, including extremes such as “friending” a party in order to do an in-camera review of that party’s Facebook page to determine whether or not the content is relevant to a lawsuit. In other cases where a Facebook profile was provided, discussion threads may not have been fully expanded so information was left out and there were other anomalies that occurred which interfered with full discovery. Today, an attorney can simply request that a party’s entire Facebook profile be downloaded and ask for the full profile or just the relevant portions. The other party cannot object or claim that it would be a burdensome or impossible process.

We all know Facebook can be a place where people let down their guard, speak freely and, unfortunately, sometimes behave badly. In your legal nurse consulting cases you may want to bring your attorney-clients into the loop about Facebook and the wealth of information available there. At the same time, let’s all remember that we’re all creating a vast and permanent digital footprint. Let’s set good examples by keeping ours clean.

Success Is Inside!

P.S. Comment and share how you have used Facebook as a tool for your legal nurse consulting business.

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*The opinions and statements made by Vickie Milazzo, the founder of Medical-Legal Consulting Institute, Inc. are based on her experiences and expertise, should not be applied beyond the specific context provided, and do not guaranty or project actual results. Vickie Milazzo is no longer involved in the operations or management of the business, but is involved as an independent education consultant.

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