Legal Ethics & the Risk of Mishandling Electronic Evidence

Whether it’s computer drives produced by an adversary or third party or critical investigative material found on your own company or firm network, almost all of the information underlying today’s commercial and legal marketplace is electronic and mishandling it can lead to a number of problems. Improperly accessing data either from an opponent’s digital media received during an ongoing litigation or internally as part of a company investigation can alter the evidence, potentially rendering it inadmissible. Ultimately, attorneys can be held responsible when this information is mishandled. 

In 2012 the American Bar Association amended a number of the Model Rules of Professional Conduct to address the increasing use of technology in legal practice and the ongoing need to safeguard client and firm data. Attorney and information security consultant Scott Aurnou discusses the amended Rules and the basic steps needed to comply with them, including measures to secure confidential client and e-discovery information. He will provide a background of how electronic data is stored, outline the forensic investigative process and highlight steps needed to mitigate computer forensic errors. 

Learning Objectives:

1. Recognize ethical obligations under the ABA Model Rules related to technology and attorney competence, data confidentiality and the use of outside services
2. Comprehend the relevant basics regarding data storage
3. Learn fundamental steps needed to avoid mishandling electronic evidence
4. Gain a general understanding of the computer forensic process