Preserving social media evidence without informing our clients. Is this where the law is headed?

By Roger Foisy on October 17th, 2011

In today’s day and age, social network sites have become more prevalent in society, so much so that it now plays a part in court decisions. In a recent motor vehicle accident decision in Sparks v. Dube, [2011] N.B.J. No. 38, a New Brunswick court ordered the plaintiff’s lawyer to retain a non-party lawyer to secure potential evidence off of a social site that his client posted online. The decision also stipulated that this was to occur without informing the plaintiff lawyer’s client of the court’s decision.

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