An Estrin Education, Inc. Company
Redefining Continuing Legal Education

Authenticating Social Media for Evidence
90 Minutes

Social networking sites are rapidly becoming a standard method of communication for millions of users.

Attorneys have sought to introduce evidence from social networking sites, including Facebook, LinkedIn, Twitter, Instagram and other popular sites. 

Authentication is a prerequisite to the admission of evidence at trial.  Websites are different than other types of electronic evidence because users create individual profile pages. Most users post identifying information on profile pages; however, social networks are pseudonymous—postings are linked to the person who posted them only through information they chose to put on the profile. Questions of who accessed and used the social networking site may arise at trial.

What you will learn

  • Brief overview of what is meant by authenticating evidence at trial
  • Basic authentication rules
  • Federal Rule of Evidence 901
  • Federal Rules of Evidence 1001, 1002
  • Authenticating social media evidence
  • Challenges posed by social media evidence (risks of fabrication, etc.)
  • Witness testimony – fact or expert
  • Circumstantial evidence
  • Application of evidence rules
  • Examples from the criminal courts
  • Split in circuits: Griffen vs. Tienda and others
  • Civil discovery: gather discovery with view toward trial authenticati
  • Brief note on limitations of Subpoenas
  • Brief summary of Lorraine v. Markel Am. Ins. Co.

When Recorded
June 10, 2015
90 minutes

Your Presenter

Daphne A. Drescher is the sole proprietor of Drescher ProParalegal, where she provides administrative and paralegal services to attorneys in California, and across the country, working remotely from her own office. 

Daphne began her legal career over 23 years ago, contracting for law firms and summarizing depositions from her home office. Since that time, employed in law firms large and small, she has assisted in litigation in a wide variety of practice areas, including personal injury, securities, and intellectual property, to name a few. Coming full circle, she has returned to her original contracting roots and is enjoying life as a business owner.

Daphne is also an evening Instructor in the Paralegal Degree program at Empire College School of Business in Santa Rosa. She writes a newsletter for paralegals, legal secretaries and other legal support personnel focused on practice tips and other items of interest to her colleagues in the profession. She also writes a blog focused on entrepreneurship, her adventures in running a new business, and her expertise in the paralegal profession.

Daphne enjoys meeting other legal professionals and business owners in person and online.

Pricing Options

Paralegal Passport Free
Paralegal Plus: $89
Non-Member: $99

Recorded Session only: $99

Live Session or Recorded Session

Sponsored by Organization of Legal Professionals. OLP is a California MCLE Multiple Activity Provider

CLE Eligible - check with your state.
CA CLE 1.5 hour

States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the
          program application is submitted. Some states and organizations allow credit through reciprocity or self-
          submission. View accreditation information for your state.
No refunds. May provide a substitute.


Powered by Wild Apricot Membership Software