Social Media and Trial Strategy

This story indicates the pros and cons of social media, such as Facebook, Twitter, and the like.

Apparently, Casey Anthony's attorneys and a consultant analyzed more than 40,000 strongly-held opinions gleaned from social media forums to craft ways to tweak and tailor their trial strategy.

A lesson for trial attorneys everywhere in all types of cases is to listen to the "noise" on social media to determine what the jury will focus on or find ojectionable.

We all know juries tend to focus on the arcane, the odd, the irrelevant as often as they focus on the evidence. Or they filter the evidence through these irrelevant factoids, perceptions, and opinions, or things they've heard. It might not be "right," but it is the reality of the system.

Now it's time for trial attorneys to use "social media mining" to our advantage. Like it or not, it's here to stay.