Preserving Mobile Data in Anticipation of Litigation

In a recent post, eDiscovery expert Craig Ball makes the case for routine preservation of data contained on mobile devices. I concur.

The tendency is to dismiss or ignore the degree to which we lean on our smartphones and tablets. We either assume the data is preserved elsewhere or we convince ourselves that mobile devices couldn’t possibly contain anything relevant or unique. Both beliefs are false. Craig’s post is a wakeup call for both law firms and their clients. Consider his key points:

  • Texting has overtaken email as a means of direct and candid communication. No competent business person would never send a letter or email without retaining a copy. The same standard should apply to text messages.
  • Mobile data is accessible and easy to backup using iTunes. (Yes, I know the interface deserves a Rotten Tomatoes score of 0%, but it does work.)
  • Preserving data does not mean it must be produced.

There is much more to this topic, and I encourage you to read the full post.

A Lesson for Lawyers

There is a takeaway for lawyers too. In Oregon, the “client file” includes text messages if they bear on the merits of a client’s position in the matter. This begs the question: are you preserving client texts? If not, look into Zipwhip, which I’ve discussed before. It has many advantages, not the least of which is the ability to save texts as PDFs to the client file.

All Rights Reserved 2017 Beverly Michaelis

3 thoughts on “Preserving Mobile Data in Anticipation of Litigation

  1. how?

    – Mobile data is accessible and easy to backup using iTunes. (Yes, I know the interface deserves a Rotten Tomatoes score of 0%, but it does work.)

    Ann L. Fisher Legal & Consulting Services Mail to: PO Box 25302 Portland, Oregon 97298 ​Located at Boardwalk Plaza, Ste 210 D

    9725 SW Beaverton-Hillsdale Hwy Beaverton, Oregon 97005 503-721-0181; facsimile 503-291-1556; cell (msg) 503-341-0247

    If you are not the intended recipient please contact the sender and delete all copies.

    On Mon, Aug 14, 2017 at 7:31 AM, Oregon Law Practice Management wrote:

    > beverlym posted: “In a recent post, eDiscovery expert Craig Ball makes the > case for routine preservation of data contained on mobile devices. I > concur. The tendency is to dismiss or ignore the degree to which we lean on > our smartphones and tablets. We either assume the ” >

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