Obtaining and Using Social Media Evidence (2025 Edition)

Victoria San Pedro
Victoria San Pedro | Abogadas305

Victoria San Pedro Madani is a highly-skilled, passionate, and zealous personal injury attorney and one of the founding partners of Abogadas305, a thriving personal injury firm in South Florida.

On-Demand: January 15, 2025

2 hour CLE

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Program Summary

In today's digital age, social media plays a pivotal role in litigation, offering valuable evidence that can significantly impact case outcomes. This program equips legal practitioners with the essential tools and knowledge needed to effectively find, obtain, and admit social media evidence in court.

Participants will learn about the discovery process specific to social media, including techniques for retrieving evidence and understanding the legal standards for authentication. The program will also delve into crucial topics such as hearsay, spoliation, and the ethical considerations surrounding the use of social media evidence.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Understanding Social Media Evidence
  • Legal Framework for Authentication
  • Relevance and Admissibility of Social Media Evidence
  • Discovery Process in Social Media Cases
  • Expert Testimony and Internet Consultants
  • Demonstrating Witness Bias through Social Media
  • Spoliation of Social Media Evidence
  • Ethical Considerations

Closed-captioning available

Speakers

Victoria-San-Pedro_MDBVictoria San Pedro | Abogadas305

Victoria San Pedro Madani is a highly-skilled, passionate, and zealous personal injury attorney and one of the founding partners of Abogadas305, a thriving personal injury firm in South Florida.

Born and raised in Miami, Florida, Victoria earned her Bachelor of Arts in Business Administration from the University of Miami, graduating with honors. She then graduated summa cum laude from Stetson University College of Law, where she was a member of Stetson’s nationally ranked trial team, moot court team, as well was a senior editor of the Stetson Law Review.

After law school, Victoria began her career at a mid-sized firm where she handled casualty defense cases for various industries, including aviation and retail. She then joined an AM-200 firm in Miami as a partner in the mass litigation/class action department. During her time there, Victoria handled thousands of lawsuits and dozens of class-action lawsuits on behalf of insurers.

In 2022, Victoria founded Abogadas305, a woman-owned and minority owned law firm based in Miami, dedicated to helping her those lives have been disrupted by injury.

Victoria’s expertise in social media evidence began during her time as a summer associate, where she witnessed its powerful role in trial. She went on to write an article on the topic that was published in the Florida Bar Journal in 2015. The article is still used today in statewide trainings for prosecutors and public defenders. Social media has become an integral part of her investigative process, helping to secure favorable outcomes for her clients.

Agenda

I. Understanding Social Media Evidence | 2:00pm – 2:15pm

  • The role of social media in litigation

II. Legal Framework for Authentication | 2:15pm – 2:30pm

  • Standards and methods for authenticating social media evidence

III. Relevance and Admissibility of Social Media Evidence | 2:30pm – 2:45pm

  • Legal considerations for admitting social media evidence
  • Understanding hearsay and other evidence requirements

IV. Discovery Process in Social Media Cases | 2:45pm – 3:00pm

  • Understanding the discovery process specific to social media
  • Techniques for identifying and obtaining relevant evidence

Break | 3:00pm – 3:10pm

V. Expert Testimony and Internet Consultants | 3:10pm – 3:25pm

  • Utilizing expert testimony to establish authenticity
  • Role of internet consultants in evidence collection
  • Criminal case discussion

VI. Demonstrating Witness Bias through Social Media | 3:25pm – 3:40pm

  • Using social media to reveal witness bias or motive

VII. Spoliation of Social Media Evidence | 3:40pm – 3:55pm

  • Understanding spoliation risks and legal implications

VIII. Ethical Considerations | 3:55pm – 4:10pm

  • Obtaining evidence ethically
  • Not instructing clients to destroy evidence
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