Not exact matches
Defense
lawyers complained Friday that prosecutors have been too slow to turn over documents and other
evidence, including more than 2 terabytes of data from seized cellphones, computers and other
electronic devices.
In a Feb. 3 filing that updated his investigation and the discovery process, Bharara submitted a filing to the judge noting that more than 1.7 million pages of various emails, phone records and forensic
evidence from 22
electronic warrants have been made available to defense
lawyers.
Therefore I resigned from the project, as did the other
lawyer - member of the Working Group specialized in the use of
electronic records as
evidence.
As to the use of experts in
electronic records management, it is not yet the practice of
lawyers to use such experts, but it should be because the
Evidence Acts require it in order to use electronic records as evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Acts require it in order to use
electronic records as
evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
evidence — e.g. s. 31.2 (1)(a) of the Canada
Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario
Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Act, and the
Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of Quebec).
The improper procedure imposed by CGSB caused me as the Chair, and the other senior
lawyer specialized in the use of records as
evidence, Martin Felsky, [2] to resign from the CGSB committee that drafted what is now this National Standard of Canada: Electronic Records as Documentary Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017
evidence, Martin Felsky, [2] to resign from the CGSB committee that drafted what is now this National Standard of Canada:
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017
Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017, pdf.).
The basic concept of e-disclosure has become familiar to many
lawyers, but in the absence of the deluge of
electronic evidence promised to break over these shores a few years ago, many have yet to really consider its full implications.
The group also included a senior federal prosecutor who taught
evidence law, and a
lawyer who represented Canada on international delegations on the law of
electronic transactions.
The best
evidence, however, is an April 2, 1994, news article in The Baltimore Sun,
Lawyers in Cyberspace, about how Venable «recently hung out an electronic shingle as a publisher on the Internet — making articles by its lawyers available worldwide to users of the far - flung network of computer networks.
Lawyers in Cyberspace, about how Venable «recently hung out an
electronic shingle as a publisher on the Internet — making articles by its
lawyers available worldwide to users of the far - flung network of computer networks.
lawyers available worldwide to users of the far - flung network of computer networks.»
Author:
Lawyer2
Lawyer is hosted by J. Craig Williams a
lawyer with the Williams Law Firm in Newport Beach, Calif. who also authors May it Please the Court, and Robert Ambrogi, a solo practitioner in Rockport, Mass., who also authors Robert Ambrogi's Lawsites, Media Law and BullsEye - Expert Witnesses & Litigation, contributes to Catalyst E-Discovery Blog; The ESI Report is hosted by Michele C.S. Lange, a staff attorney in the
electronic evidence services group at Eden Prairie, Minn. - based Kroll Ontrack Inc.; Workers» Comp Matters is hosted by Alan S. Pierce, who practices at Alan S. Pierce & Associates in Salem, Mass.; and Ringler Radio is co-hosted by Ringler Associates» Larry Cohen (North Andover, Mass.) and Donald J. Engels (Chicago); Law Technology Now is hosted by Monica Bay, who is editor - in - chief of Law Technology News and also authors The Common Scold; In - House Legal is hosted by Paul D. Boynton of MCB Communications in Needham, Mass.; The Kennedy - Mighell Report is hosted by Dennis Kennedy, who also authors DennisKennedy.com and is a columnist for the ABA Journal, and Tom Mighell.
Joining my co-host J.Craig Williams and me to provide their insights are two e-discovery experts: Michele C.S. Lange, staff attorney in the
Electronic Evidence Services group at Kroll Ontrack Inc. and author of the ABA book,
Electronic Evidence and Discovery: What Every
Lawyer Should Know, and Dennis Kennedy, well - known
lawyer and legal technology consultant based in St. Louis, Mo..
«Why a Legal Opinion is Necessary for
Electronic Records Management Systems» (2012), 9 Digital
Evidence and
Electronic Signature Law Review» 17 (U.K.)(this article is written for related professions as well as for
lawyers).
There should be a rule that recognizes, in circumstances where the Law Society has had to copy
electronic records held by a third party, the Law Society may rely on the copies as best
evidence and the onus is on the
lawyer to provide a forensic copy of those records if the
lawyer wishes to dispute the quality of the
evidence.
The use of
electronic evidence has increased dramatically over the past few years, but many
lawyers still struggle with the complexities of
electronic discovery.
By introducing policies and involving experts before or at the onset of litigation,
lawyers are helping themselves and their clients to ease the burden of managing
electronic evidence.
When collecting
electronic evidence it is essential, therefore, that companies and their
lawyers observe applicable employment, privacy and data protection laws, while also heeding court orders and considering the company's legal needs.
Federal Rule of Civil Procedure 26 (b)(2) mandates that
lawyers meet and confer about discovery issues and agree on how to handle
electronic evidence.
For instance the first chapter deals with essential aspects of
electronic evidence that will allow
lawyers to transition from the traditional use of hardcopy
evidence to documents and
evidence in the digital age.
The three analogies: (1) whereas a pre-
electronic paper record can be symbolized by a piece of paper in a file drawer, an
electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used in the
electronic records provisions of the
Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and in
Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion
evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and in
evidence were rendered admissible in the way that
electronic records are, there would be no
evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and in
evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an
electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and
lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.
He has hands on experience with
electronic evidence as a trial
lawyer too.
Re:
lawyers practising in association with non-
lawyers: - Absolutely necessary because: (1) technology will be the basis of almost all laws, therefore we will have to practice with other experts in that technology; (2) records management law will be a major area of practice because, records are the most frequently used form of
evidence and e-records depend for everything on their e-records management systems (ERMSs), and they must be compliant with the National Standards of Canada for e-records management, which standards require legal opinions, and every significant change to an ERMS requires a legal opinion re ability to produce records able to satisfy laws as to e-discovery, admissibility of
evidence, privacy & access to information,
electronic commerce, tax laws, and compliance with National Standards of Canada for e-records management; (3) all new technologies require a legal framework, which means more work for
lawyers; and, (4) otherwise, other professions and service providers who now provide «legal information,» will begin to provide «legal advice» and other services that only
lawyers should be providing.
Sharon is president of Sensei Enterprises, a Fairfax, Va., computer forensics and legal technology company, and co-author of two ABA books, The
Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines and Information Security for
Lawyers and Law Firms.
Better to increase the attractiveness of legal services by enabling
lawyers to provide related services accompanying their legal services, e.g., family law
lawyers providing financial planning advice, and law firms providing accounting and tax advisory work, and litigation
lawyers working with experts who improve and maintain their clients»
electronic records management systems, because records are the most frequently used kind of evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
electronic records management systems, because records are the most frequently used kind of
evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the
electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
electronic records provisions of the
Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada
Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence Act - see: Ken Chasse, «
Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
Electronic Records as
Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence,» and the other «records as
evidence» articles on «my SSRN authors page, for free down
evidence» articles on «my SSRN authors page, for free download ) 。
Craig Ball is a Board Certified trial
lawyer, certified computer forensic examiner and
electronic evidence expert He has dedicated his career to teaching the bench and bar about forensic technology and trial tactics.
A relatively new breed of e-discovery
lawyer has emerged as the sheer volume of
electronic evidence began to multiply in cases, resulting in a need for better management, according to Dera Nevin, managing counsel, e-discovery at TD Bank Group.
By that I mean,
lawyers need ways to get a jump on the cost, delay and anxiety that characterizes e-discovery circa 2010 and secure quick, non-destructive access to the
electronic evidence that will drive the direction and outcome of the dispute.
Rakesh Madhava is CEO of Nextpoint, an
evidence management service based in the cloud for
lawyers to manage their
electronic data.
Heuristica Discovery Counsel is offering
lawyers a suite of litigation software, and the tech and legal support necessary for handling
electronic evidence, says Duncan Fraser, its co-CEO and senior counsel.
Sharon is the author of the noted
electronic evidence blog, Ride the Lightning and is a co-host of the Legal Talk Network podcast series called «The Digital Edge:
Lawyers and Technology» as well as «Digital Detectives.»
No
lawyer with half a brain plugs
electronic evidence into his or her own computer and pokes around because, by now, most
lawyers know about metadata, and appreciate that they can alter
evidence simply by browsing it.
Deletion software suffers from a bad reputation in that it is often use to wipe out
evidence, but it is also necessary when a
lawyer intends on recycling, selling or giving away
electronic hardware.
Lawyers applaud Campbell's championing of best practices for dealing with
electronic evidence so as to ensure the cost of litigation will not continue to prevent cases from being resolved on their merits.
This very varied evidentiary legislation situation, will produce a very inconsistent caselaw, one jurisdiction to the next, once judges and
lawyers realize the consequences in law required by the fundamental difference between an
electronic record and a pre-electronic paper record — in particular, the «system integrity concept» that is expressly stated in the electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario Evidence Act; and, s. 31.2 (1) of the Canada Evidence Act (see my Slaw blog article, «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov.
electronic record and a pre-
electronic paper record — in particular, the «system integrity concept» that is expressly stated in the electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario Evidence Act; and, s. 31.2 (1) of the Canada Evidence Act (see my Slaw blog article, «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov.
electronic paper record — in particular, the «system integrity concept» that is expressly stated in the
electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario Evidence Act; and, s. 31.2 (1) of the Canada Evidence Act (see my Slaw blog article, «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov.
electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario
Evidence Act; and, s. 31.2 (1) of the Canada
Evidence Act (see my Slaw blog article, «The Dependence of
Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov.
Electronic Discovery and Admissibility upon
Electronic Records Management,» published Nov.
Electronic Records Management,» published Nov. 22, 2013).
Because most of the
evidence used in legal proceedings now comes from complex
electronic systems and devices, specialized legal research units like LAO LAW will be necessary for all
lawyers.
About Blog Craig Ball of Austin is a trial
lawyer, computer forensic examiner, law professor and noted authority on
electronic evidence.