Litigation Support: Social Media & Online Activity Monitoring
There are 2 main ways social media surveillance can help your case:
- Using a claimant’s, plaintiff’s, defendant’s, witness’ or expert witness’ online activity to determine how it meshes with his or her statements
- Interpreting a juror’s or potential juror’s online activity to discover any past experiences or biases which can affect their perception of your case.
Let’s look at the facts:
- Utilizing social media surveillance is more beneficial now more than ever – the pandemic had more people spending time online for socializing, work, school and virtual events.
- Approximately 72 percent of U.S. adults use some form of social media, making online platforms a great source of information to use during discovery, jury selection and throughout trial.
- Between the recent election, shift in the economy, social justice movements and debates surrounding the pandemic, a person’s online activity can give you the insight you need concerning their views and any biases they might have.
What Is Social Media Surveillance?
Social media surveillance is the process of collecting and interpreting information gathered from online platforms. This can be used to see the type of content someone posts or interacts with before, during and after a lawsuit or investigation. Social media surveillance can be used to see if the information a subject shares in court, aligns with the content they post on online platforms.
Online Activity Reports
Social media surveillance services such as Magna’s ClaimScout & JuryScout will gather information and compile detailed reports to obtain case evidence and/or enhance your trial strategy. Magna will also monitor the subject’s online activity throughout the duration of the trial and post-verdict.
ClaimScout & JuryScout Monitor:
- Facebook, Instagram and other social networks
- Blogs and journals
- Online communities
- Twitter and other microblogs
- Message boards
- Digg, Reddit and other social news sites
- Business networks
- Personal websites
- & much more
Social Media Surveillance for Claimants (ClaimScout)
Scout out whether a claimant, plaintiff, defendant or witness is telling the truth about their claim. ClaimScout can be your online eyes and ears. Using our proprietary methodology, Magna can monitor a person’s internet activity to determine how it meshes with his/her claim.
Online activity reports help trial attorneys determine how the claims made in a case align with the subject’s online behavior and social media presence.
Social Media Surveillance for Jurors (JuryScout)
- JuryScout can access information on jurors during jury selection, trial and post-verdict.
- JuryScout can monitor a juror’s internet activity to ensure they are following court instructions, and also gain valuable insight into their thoughts and activities throughout trial as well as post-verdict.
— Jury Selection
As courts are by and large limiting access to jurors during jury selection, social media research can be used as a compliment to traditional jury selection services (such as voir dire questionnaire development and public records searches). Social media information may provide additional information on venire panelists which when compiled, may show political and religious affiliations, biases, and more.
— Predicting Juror Behavior
By creating a personalized matrix of information for each potential juror, online activity reports can provide additional insights into whether or not a juror has attributes that lead to bias. Additionally, jurors may be monitored during trial and/or post-verdict to see if they are posting about aspects of the case and/or communicating amongst one another during trial.
Here’s an example: Magna was retained post-verdict for a high-profile case involving sexual harassment of an employee. Following an unfavorable verdict, JuryScout was able to go back and look at cached information and located four (4) jurors who violated the court’s instruction not to research or discuss the case. Counsel was able to use this information as part of the appeal.
Social Media Surveillance with Magna Legal Services
For more information or to request a free case consultation, contact us anytime at 866.624.6221, or email us at [email protected].
Additionally, ClaimScout & JuryScout reports can also include information regarding:
- Address Summary
- Others using SSN
- Date/Locations where SSN Issued
- Census Data
- Bankruptcy Indicator
- Property Indicator
- Corporate Affiliations Indicator
- Liens and Judgments
- UCC Filings
- People at Work
- Driver Licenses
- Vehicle Registrations
- Professional Licenses
- Voter Registration
- Hunting/Fishing Permits
- Concealed Weapons Permits
- Criminal Records
- Sexual Offenders