The following is a guest blog post by Michelle Sherman. Michelle is the author of Winning with Social Media—A Desktop Guide for Lawyers Using Social Media in Litigation and Trial, a 2016 publication from the National Institute for Trial Advocacy. She has tried civil and criminal cases and is currently an in-house corporate legal counsel. She also is an adjunct professor at the University of Southern California Annenberg School for Communication and Journalism.
For anyone who likes to wake up on a Sunday by reading the newspaper, it’s a sad day that legitimate news organizations are under attack and the term “fake news” has become associated with them. Beyond the personal implications, this may also have negative effects on your law practice. More skeptical jurors may mean that you have to work harder to authenticate documentary evidence, particularly social media evidence.
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Filed under: Evidence, Legal Topics, Litigation Strategy, Social Media, Trial Strategy | Tagged: admiting evidence at trial, authenticating evidence, evidence admissibility, social media evidence | 1 Comment »
Here’s a common evidence question: Are opinions admissible when they’re in business records? The answer is generally “yes,” as long as the statement of opinion is in a writing that qualifies otherwise for the business-records exception to the hearsay rule. Continue reading 
