Electronic Discovery and the Use of Social Media in a Family-Law ...

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Where did the Client Get This? � Rule 1.6. Confidentiality of Information (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (1) to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm; (2) to secure legal advice about the lawyer's compliance with these Rules; (3) to establish a claim or defense on [the lawyer’s] behalf in a controversy between [lawyer and client], to establish a defense to a criminal charge or civil claim against the lawyer based upon [the client’s] conduct, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; (4) to the extent that revelation appears to be necessary to rectify the consequences of a client's criminal or fraudulent act in which the lawyer's services had been used; or (5) to comply with other law or a court order.
Where did the Client Get This? � Cannot reveal without client’s consent, unless an exception is met � At least one professional ethics body has determined that questionable information received from a client who is party to a divorce does not meet an exception �“However, none [of those exceptions] seem[s] to be applicable under the facts presented, as any criminal act that the client may have been involved in is a past act and disclosure would not prevent a future crime.” (Florida Ethics Opinion, infra)
Page 1 and 2:
Electronic Discovery and the Use of
Page 3 and 4:
Dual Applicability of Today’s Inf
Page 5 and 6:
Why E-Discovery? � E-discovery am
Page 7 and 8:
Why E-Discovery? � Why e-discover
Page 9 and 10: E-Discovery Amendments to FRCP �
Page 11 and 12: E-Discovery Amendments to FRCP �P
Page 13 and 14: Why E-Discovery in Family Cases?
Page 19 and 20: Consequences of Failing to Comply
Page 21 and 22: The Duty to Preserve � Impractica
Page 23 and 24: The Duty to Preserve � In family-
Page 25 and 26: Sources of ESI � Familiarize your
Page 27 and 28: Sources of ESI � Types of ESI fre
Page 29 and 30: Sources of ESI � Places ESI can b
Page 31 and 32: Sources of ESI . . . As another pra
Page 33 and 34: Sources of ESI � When planning ES
Page 35 and 36: Scope of ESI �All cases: For plai
Page 37 and 38: Scope of ESI � For family cases
Page 39 and 40: Scope of ESI � For family cases
Page 41 and 42: The Litigation Hold � Your client
Page 43 and 44: The Litigation Hold � Keep a mast
Page 45 and 46: Gathering Information � Step 4: G
Page 47 and 48: Gathering Information � This area
Page 49 and 50: Gathering Information � “Attorn
Page 51 and 52: Where did the Client Get This? �
Page 59: Where did the Client Get This? �
Page 65 and 66: Gathering Information � A related
Page 67 and 68: Gathering Information � AAML also
Page 69 and 70: Gathering Information � New Feder
Page 71 and 72: Gathering Information � Advisory
Page 73 and 74: Informal Social Networking Discover
Page 75 and 76: Gathering Information � Overall,
Page 77 and 78: Producing/Withholding ESI � Gener
Page 79 and 80: Producing/Withholding ESI � Famil
Page 81 and 82: Seeking ESI from Your Opponent �
Page 83 and 84: Seeking ESI from Your Opponent �S
Page 85 and 86: Formal Social-Networking Discovery
Page 87 and 88: Electronic Evidentiary Issues � F
Page 89 and 90: In Any Event . . . � Institute so
Page 91: Bibliography � Virginia A. Albers
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