What Lawyers Need to Know About Retaining Social Media Expert Witnesses

Social media evidence is increasingly central to litigation, yet it presents unique challenges related to authentication, preservation, admissibility, and expert analysis. This one-hour CLE program provides attorneys with a practical overview of how and when to retain social media expert witnesses and how to work with them effectively throughout a case.

 

Participants will learn the role social media experts play in investigating, collecting, analyzing, and presenting digital evidence, as well as common litigation issues that arise when social media content, engagement metrics, algorithms, or influencer activity are at issue. The program will address best practices for selecting an expert, defining scope and deliverables, and collaborating in a way that supports defensible opinions and avoids evidentiary pitfalls.

 

Designed for litigators and in-house counsel, this session emphasizes real-world considerations attorneys should understand before engaging a social media expert witness and offers guidance on integrating expert analysis into discovery, motion practice, and trial preparation.

 

Learning Objectives

By the end of this program, participants will be able to:

1. Identify when a social media expert witness is necessary in litigation

2. Understand key issues related to authentication and preservation of social media evidence

3. Recognize common risks and pitfalls in the use of social media evidence

4. Apply best practices for retaining and working with social media expert witnesses

5. Evaluate how social media expert analysis supports reports, depositions, and testimony