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

The Importance of Following Up

Today’s post is inspired by Ben Schorr, technologist and senior content developer with Microsoft, who has “been in this business long enough to remember when Al Gore invented the Internet.”

Being the all-around smart guy that he is, Ben recently posted:

Follow-up is one of the most important skills you can have in business.

Ben couldn’t be more right, and let me tell you why.

Clients

When is the last time you checked in with your clients? Asked how they are faring? Provided them with a status update?

Nothing is more aggravating to clients (and more damaging to client relations) than failing to follow-up. Avoid this trap by establishing an office system that reminds you to reach out and make contact.  It can be as simple as a tickler system or reminder app. Consider the advantages of interactive web portals that offer clients 24/7 access and apps like Zipwhip that let you send scheduled texts and auto-replies to clients.  Are phones overwhelming you? Worried about missing client calls? Start using Call Ruby. (Discounts are available to Multnomah Bar Association members.)

Tasks and Deadlines

Always create follow-up reminders for all outstanding to-dos and deadlines – particularly those that require action from someone else.

  • Include everything to ensure you get what you need to complete tasks on time and avoid a potential malpractice claim.
  • Include everyone who owes you information, documents, or an undertaking. Clients, co-counsel, opposing counsel, associates, staff, medical providers, investigators, and process servers are the tip of the iceberg.

Staff

Staff also deserve follow-up. Brief weekly meetings can cover a lot of ground: staff workloads, pending projects, your schedule, and responding to staff questions. For tips on working with and delegating to staff, see Revisiting Smart Delegation.

Finances

It’s been almost 7 years since I penned Accounts Receivable Do Not Improve Like Fine Wine, but the advice has not changed. You simply must follow-up on your finances:

Marketing and Business Goals

Follow-up is key when it comes to goal setting. Start by quantifying what you want to achieve, then be accountable (that’s the follow-up part). Whether it’s a business plan or a marketing plan, you are only cheating yourself if you don’t take the time to measure your results.

I’ve written extensively about marketing this year and prior years, both incidentally and deliberately.  If you’re looking for social media tips, resources for market research, how to calculate your marketing costs per case – you’ll find those posts here.  Use the Search feature at the top of my blog or under Categories choose “Marketing.” Whatever you do: follow-up!

All Rights Reserved 2017 Beverly Michaelis