Technology in the Court of Public Opinion: Websites, Blogs, and Social Media

• Author: James F. Haggerty
• Profession: Lawyer
• Pages: 275-303

275

CHAPTER ELEVEN

Technology in

the Court of

Public Opinion:

Websites, Blogs,

and Social Media

For the third edition of In the Court of Public Opinion, this was

undoubtedly the hardest chapter to update. Technology moves so quickly:

from websites, to blogs, to Facebook, Twitter, and beyond. These are

among the newest tools of modern communication, and—like it or not—

they are all, to one extent or another, working their way into the main-

stream of legal practice. Such technologies are being adopted by lawyers

and litigants in a manner that would have been inconceivable just a few

years ago. As with all tools of communication, different cases and clients

will require a different mix, but all these cutting-edge technologies need

to be considered and managed properly as legal action moves into the

public spotlight.

In this chapter, we look at the development of social media and the

continuing importance of websites and blogs in presenting your message

and the background of your case. We also look at the fact that, despite

the pace of change, the core principles of effective communication during

legal disputes remain.

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In the Court of Public Opinion

276

I once asked my social media–addicted 17-year-old son what

would happen if all smartphones and social media apps were

taken away from the public, particularly younger people, at the

same time.

He looked up from his iPhone and, without missing a beat, said,

“There’d be riots in the streets. Teenagers would start murdering

each other. It would make The Purge look like Mary Poppins.”

America, this is your future.

Now, I know he was exaggerating for effect (or perhaps just

to annoy me), but there is some truth to this, and it underlines a

point anyone involved in litigation or other legal disputes needs

to understand when considering social media, websites, and

other forms of electronic communication: these technologies—

already endemic to the human experience—are growing each day

in their signicance to our daily lives (particularly as 17-year-olds

become 25-year-olds, and then 30-year-olds, and so on). There-

fore, despite the healthy skepticism of many lawyers of a certain

age, social media, websites, and other platforms have become

important elements of dealing with the public communications

aspects of legal disputes. And while it is fair to say that in most

legal cases, you won’t—and shouldn’t—be tweeting 27 times a

day about the latest developments, those who ignore the impact

of social media and other technologies do so at their own peril.

Social Media and the Framing of Issues

during Litigation

Social media is a two-edged sword. In legal disputes, it can some-

times feel like a two-edged sword shot from a cannon, directly at

the heart of your client and your case.

But without question, social media, websites, and other “new”

media platforms can be enormously helpful during any sort of

crisis, including a legal dispute, in at least three ways:

1. First, by properly monitoring social media, you will have

more clarity as to public perception and hopefully come

to grips with how the “story” of your case is being under-

stood by audiences who have a stake in its outcome. Such

insight can have enormous impact on the course and con-

duct of the legal matter and its ultimate resolution.

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