It’s the Wild West as social media and digital technology intersect with the practice of law, and lawyers debated the impact of it all this week at the Ontario Bar Association’s annual Institute in Toronto.
For example, do you know the meanings of various emojis and emoticons? What does an eggplant or peach mean? (Paired, they connote sexual intercourse, apparently, and are often used in “sexting.”) Can sending one to someone via text or email, or on social media, form the basis for a sexual harassment complaint, asked Jason Wadden of Goodmans LLP in Toronto, during a panel presentation on obtaining evidence via social media, part of the Institute’s Civil Litigation session on surviving and thriving in the age of digital litigation.
Indeed, said Wadden, last year an Israeli court found that a string of emojis that included a champagne bottle, sent by text message, suggested a rental agreement, and fined the prospective tenants who withdrew from negotiations.