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October 12, 2012

How to Walk Upright With Digital Evidence

1012ltnp21From time to time, LTN columnist, trial attorney, and E-Discovery Special Master Craig Ball likes to rail at his fellow travelers who have passed the Bar that their legal education is far from over.

In this month's "Ball in Your Court column," Ball traces what he sees as the necessary evolution from barrister as bare, forked creature who trafficked in paper and banker's boxes, Homo Erectus, to legal starchild of the digital age, "Homo Electronicus" (cue tympanies) — who not only totes a tablet but knows exactly where the data entered into it resides (and what to do with it). Once again, it's time for attorneys to get schooled in technology.

In Ball's own words: "We can't imagine a competent lawyer not knowing how to find a document in a file folder or cabinet; yet, oddly, we can't imagine a lawyer knowing how to fashion a competent electronically stored information search protocol or query a database."

So, Ball has thrown down the gauntlet. Will you pick up the challenge along with your briefcase, laptop, smartphone, and tablet device? Take his E-Discovery Pop Quiz to see where you stand in the swirling world of electronic evidence. And check out his article on LTN online. It may be in your best practices — and interests.

Image by Shane Deleers

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