What to Do When Opposing Counsel Uses the Internet as a Weapon

Tools to Combat the Publication of Discovery Materials and Extrajudicial Statements on the Internet

What can attorneys do when opposing counsel publishes discovery materials and extrajudicial statements on the internet? The answer involves a careful balance between the right to free speech and the right to a fair trial. However, the United States Supreme Court is clear that attorneys and parties are not defenseless in such situations. Although the relevant decisions do not involve internet publications, the rationale behind those cases is nevertheless applicable to situations where opposing counsel uses the internet as a weapon in litigation.

Download “What to Do When Opposing Counsel Uses the Internet as a Weapon,” IADC Committee Newsletter, Trial Techniques and Tactics

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