MAYVILLE - The Robert H. Jackson Inns of Court will host a luncheon continuing legal education seminar from noon to 1:30 p.m. Monday in the jury room of the Chautauqua County Courthouse in Mayville.
The seminar will focus on expectations in federal and state courts of clients and lawyers to be computer literate on e-discovery responsibilities, including electronic and digital, or run the risk of serious sanctions that could drive a client out of business and a lawyer out of the profession of law for failure to preserve certain electronically stored information.
As soon as an individual, business establishment or corporation reasonably anticipates a potential legal controversy - civil, commercial, domestic dispute, criminal or any other type of legal controversy - that party has the obligation to preserve electronically stored e-mails and documents that relate to the incident, or run the risk of heavy sanctions.
Anyone who stores information in a computer, Facebook and other social media accounts, cell phone, automobile black box, EZ-Pass records, hard line records, every email and document a person prepares, every computer a person accesses, and almost every website a person visits must be made to understand that the information may become the centerpiece of a claim or lawsuit.
Whether or not an attorney is involved in litigation or limits his/her practice to law office advice and drafting documents, the duty to adopt document preservation and litigation-hold techniques to avoid inadvertent spoliation by a client or counsel attaches whether or not a lawsuit is ever filed. To provide lawyers with tools, information and techniques to advise clients on their e-discovery responsibilities and avoid huge expenses and sanctions, the Robert H. Jackson Center American Inns of Court is hosting a continuing legal education program for lawyers and judges chaired by the Hon. Deborah Chimes, state Supreme Court justice.
Michael McCartney, DIGITS LLC president and chief executive officer, and JP Midgley, chief executive officer of Avalon Document Services, will present an overview of digital forensics and electronic data discovery during which they will explain how to encrypt emails to clients; how to retrieve deleted emails; how to retrieve e-information such as Facebook accounts. They will also educate lawyers and judges on proactive forensic compliance; the cloud; social media discovery; the electronic discovery reference model; client data architecture; the difference between information technology network data and forensic data; metadata; electronically stored information production cycle; metadata; remote data collection; data filtering and data processing.
The seminar and luncheon is free for members of the Robert H. Jackson Center Inns of Court. If an attorney does not want to join the inn but wants to attend the session, a CLE credit processing fee of $25 is requested. Interested attorneys are asked to make reservations to Lori Thierfeldt by calling 488-3090 or emailing at firstname.lastname@example.org by Friday.