The Trouble with Devices and the Data They Contain

For lawyers, electronic devices pose problems. Devices belonging to clients and staff are not in our control. Devices can be hacked by determined professionals or bitter exes. Data is volatile. So what can we do to protect confidential information and preserve potentially relevant data? I will provide some answers in this article, first by discussing the “big three” client-controlled devices: desktops and laptops, tablets, and cellphones. I will then discuss the devices in your small law office. Next follows a discussion of smart home devices as the newest means of inflicting domestic violence. Finally, I will conclude with a discussion of how to get electronically stored information (ESI) into evidence and by suggesting how to become better informed about electronic discovery. I will not be addressing social media accounts beyond the issue of how to get the ESI before the court.