More and more, text messaging is becoming a preferred form of personal and professional communication. The ease of texting and the ephemeral nature of messages belie the permanence of the content when used as evidence in court. During discovery, retrieving texts present a unique set of challenges since texts are easily deleted, their use may not be readily apparent, and issues of privacy may arise. Clearly outlined preservation policies should govern the use of texts, and legal holds must include texts if they have been used for potentially relevant business purposes. If potentially relevant texts have been destroyed, spoliation sanctions could issue.
What You Will Learn
Text messages represent a relatively new category of potentially relevant evidence that must be accounted for and preserved during discovery. Yet even with recent high-profile cases emphasizing the increasing importance of text messages in litigation, the need to preserve texts is still overlooked. Join us for a 60-minute webcast that will cover both the technical and legal aspects of securing text messages, including:
Legal hold best practices
Duty of counsel to monitor compliance and oversee legal holds
Collection and processing of text messages
Recovering deleted texts
Spoliation analysis under new Rule 37(e)
Case law involving text messages
Policies and procedures for use of texts for business
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.
