🙁🙂 🤷 Navigating the Challenges of Emojis and the Law: Are Emojis Legally Binding?

Are emojis legally binding? Can they be used as evidence in court? The answer is complicated. Let me demonstrate: How do you define this emoji? 🙏 Is it someone praying or a congratulatory high-five? What about this emoji? 😚 Is it a kissy face or someone whistling? These two examples immediately highlight some of the biggest challenges that legal professionals are facing when it comes to emojis and litigation matters and investigations. How do you accurately interpret emojis when people encounter and define them differently? How should the law determine consent, agreement, or state-of-mind when all you have are pictures? Here we’ll explore some of the crucial challenges facing lawyers and judicial officers when it becomes necessary to comprehend the meaning of emojis in communications.

All Posts

Brett Burney

Brett Burney, Principal of Burney Consultants LLC, specializes in bridging the gap between law and technology in electronic discovery. Brett also spent 5+ years at the law firm of Thompson Hine LLP where he worked with litigation teams in building document databases, counseling on electronic discovery issues, and supporting them at trial. Brett is a University of Dayton School of Law graduate, an advocate for Mac and iOS integration in legal practices, and a regular contributor to Legaltech News. He served as the Chair of the Planning Board for ABA TECHSHOW 2015 and authored the ABA-published book "Macs in Law: The Definitive Guide for the Mac-Curious, Windows-Using Attorney." Brett also co-authored the eDiscovery Buyers Guide, available at www.ediscoverybuyersguide.com. Learn more about Brett at www.burneyconsultants.com .