Attorneys using social networking Web sites as research tools.

Byline: Jack Zemlicka

Social networking Web sites like Facebook and MySpace offer everything from conversing electronically with a former classmate, to trading photos from spring break in Mexico.

But some attorneys are using the sites as research tools to investigate clients, witnesses and jurors.

If they aren't, they should be, according to defense attorney William R. Gallagher.

Gallagher recently discussed using information obtained through social networking sites in cross examination at the Wisconsin State Public Defenders Conference in Milwaukee.

He suggested that defense attorneys do their clients a disservice by not at least checking with them to see if they maintain a Web page used for social networking, in addition to the standard methods of digging up dirt.

I think it's the same thing that police and prosecutors would tell you ... it's sort of another search for the truth, said Gallagher, who is an attorney with Arenstein & Gallagher, in Cincinnati.

And if you don't find that information, they often will.

Casual Conversations

Whether that truth comes in the form of a text message on a cell phone or a posted photo on MySpace, Gallagher said attorneys can take advantage of personal information that is often displayed publicly.

Shortly after events a lot of times people, who believe they are in their own private world, will write down or say what is the truth, added Gallagher.

Public Defender Katherine J. Dorl said attorneys within her office in Madison have utilized the networking sites to gather background on witnesses, with varying degrees of success.

I've checked for clients of mine who have witnesses against them, said Dorl. A case that comes to mind is the school shooting in Weston and our staff looked at social Web sites for kids as potential witnesses.

Dorl said that clients or witnesses often appear to be more open with their conversations on a social site, rather than in a courtroom setting.

At the same time, many do not realize their posted pictures or comments are not one-on-one, but more like one-on-one million.

Attorney Anne W. Reed said that social scientists are even developing studies that track social networkers' on-line habits and those could potentially be used for case support.

The fact that someone is using a certain site heavily or has a certain type of content on their page may or may not help draw conclusions on whether the information is relevant to at attorney's case, said Reed, of Reinhart Boerner Van...