Social media can offer a treasure trove of compelling material for litigation purposes. Social media use is such an integral part of professional and personal life that it would be ill-advised and probably unethical to ignore it. Before going any further, I emphasize that its use in litigation is not for the uninitiated and it is not something to approach without expert guidance. Companies and information professionals with a specialization and track record in litigation support and social media investigations or intelligence can walk legal professionals through the process – from identifying subjects and the scope of the investigation to demonstrating the authenticity and likely admissibility of a source. They will use efficient approaches and technologies and will be well-versed in acceptable practices.

Still, there are methods and resources that will be of use to attorneys and other legal professionals. The big legal information vendors include social media searching within their public records platforms, which may be out-of-plan for many smaller firms. The benefit of that approach, if one does have access, is that it offers a cross-platform search, checking many more social media sites simultaneously than most of us use regularly.

Social media sites and search engines have tools to help in your quest as well. For example, it is possible to search for a specific photo using Google reverse image search, Instagram Chrome extension, or Graph search on Facebook, helpful when you are trying to trace a photo to its source or instances of it. Social media monitoring tools – any of the systems one can use to set up alerts for topics and people of interest like Hootsuite and Talkwalker, for example – are must-haves for people who need to routinely keep an eye out for posts and changes. Professional investigators and researchers also scour metadata which can be revealing.

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Many of the mostly fee-based people-finding applications cover social media. These sources have many flaws but occasionally offer up useful information. Be wary when going down this path. As with any person-related research, the more you know and use in your searching, the more fruitful and accurate your results – full name, date of birth, relatives, addresses, places of employment, and more.

When using electronically stored information in litigation, including material gathered from social media sites, it’s critical to remember that Facebook, LinkedIn, and Instagram, while potential important sources, are potentially only the tip of the information iceberg. Data collection can go wrong in many ways – too much information, irrelevant, incorrect, unverified, or missed information, failing to scrape metadata or fully identify sources, and spoliation. Information professionals can provide more context and can point attorneys and other legal professionals to reliable sources for guidance and investigations.