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_FedBarVictoria 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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Approved for Self-Study Credits
2 General

Louisiana

Approved for Self-Study Credits
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Approved for CLE Credits
2.5 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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