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E-Discovery in Divorce  

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This essential program is for attorneys. It may also benefit paralegals.


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Seminar Summary:

Gain a fundamental understanding of e-discovery and its role in your practice, so you can comply with the rapidly evolving federal and state regulations and use ESI in more cases without sending the clients to the poor house. (see full course description)


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Training Course Syllabus:

E-Discovery in Divorce

Get Up to Speed on the Latest E-Discovery Strategies and Tips for Tackling Common Challenges

Electronic discovery can reveal a treasure trove of information vital to your clients' divorce cases. However, the ever-changing nature of modern technology and the sheer abundance of information can sometimes make it seem like you're searching for a needle in a haystack. In this practical program, our knowledgeable faculty will bring you up to date with cutting edge, targeted search strategies for electronic information so you can implement them into your own practice. Learn discovery how-to's, special tricks, and best practices for utilizing an array of the most critical sources of electronic evidence, including Facebook and other social media, e-mail, text messages, and more. Set your next case up for success - register today!

  • Know the boundaries of what evidence you can/cannot use and how you can obtain it.
  • Discover how to best structure your search to limit discovery costs and give your case the greatest chance for success.
  • Acquire best practices for searching social media, smartphones, tablets, e-mail, etc. - and a few sources you might not know about!
  • Find out how to properly authenticate and present digital evidence while preventing the opposing counsel from utilizing their own.
  • Learn how to best handle challenges that could compromise your case, including spoliation and careless clients
  • Avoid pertinent ethical issues that could harm your odds of success and put you at risk for significant legal penalties.

All times shown in Eastern Time.

  1. Digital Evidence Privacy and Discoverability: Where Family Law Courts Stand
    10:00 - 10:45, John D. Kershman
    1. General Rules and Case Law Trends
    2. Computer Fraud and Abuse Statutes
    3. Electronic Communication Privacy Act
    4. Stored Wire Electronic Communications Act/Wiretapping Statutes
    5. Parameters of Privileged vs. Common Access to Social Media
    6. Can Employers Release Personal Account Information Saved on Company Devices?
  2. Obtaining Digital Evidence from Critical Sources: Strategies and Considerations
    10:45 - 11:15, John D. Kershman
    1. Know Where to Look - Key Sources and Trends in Digital Communication
    2. Best Approach: Submit a Formal Discovery or Not?
    3. Convincing the Opposing Party to Give Consent
    4. When Should You Hire an Outside Investigator?
    5. Tailoring Your Search/Strategies for Crafting Keyword Searches
  3. Spoliation Issues Regarding ESI (Electronically Stored Information)
    11:30 - 12:15, Jennifer Moore
    1. Attorneys' and Clients' Obligation to Preserve Digital Evidence
    2. Spoliation: When Reasonable Anticipation of Litigation Would Arise
    3. Best Practices for Accessing/Mirroring Devices Without Damaging Files or Hardware
  4. Facebook & Other Social Media: Discovery How-To's and Tricks You May Not Know
    12:45 - 1:30, John D. Kershman
    1. Subpoenas vs. Party Consent: Overcoming Main Challenges
    2. Facebook Discovery and Preservation: How-To's and Special Tactics
    3. Essential Discovery Techniques Unique to Other Popular Social Media
      1. Social Networks/News Sites - Google Plus, Twitter, LinkedIn, Myspace
      2. Media Sharing Sites - Youtube, Instagram, Pinterest, Etc.
      3. Activity Tracking Services, Blogs, Microblogs and More
    4. What to Do When a Social Media Account Has Been De-activated or Deleted
  5. Smartphones, Tablets, and Other Vital Sources of Digital Evidence
    1:30 - 2:15, John D. Kershman
    1. Preparing Subpoenas for E-mail Accounts, Phone Records, Etc.
    2. How to Best Utilize/Search Strategies for:
      1. Cell Phones, Smartphones, Tablets
      2. Browser Histories
      3. E-Mail Accounts
      4. Other Important Sources of ESI You Might Be Missing
  6. How to Prevent Your Client from Compromising the Case
    2:15 - 3:00, Jennifer Moore
    1. Covering all Bases: Security Measures, Prohibited Communications, Etc.
    2. Crisis Management - How to Proceed When Your Client Makes a Mistake
  7. Best Practices for Authenticating, Presenting, and Disputing Digital Evidence
    3:15 - 4:00, John D. Kershman
    1. Applicability of Federal Rules of Evidence to ESI
    2. Best Practices for Authenticating/Admitting Digital Evidence
      1. Cross-Examination
      2. Effective Use of a Deposition
      3. Requests for Admissions on Denial/Authenticity
      4. Comparison by Trial/Expert Witness, Distinctive Characteristics
      5. Best "Forms" in Which Different ESI Should Be Admitted
    3. Useful Strategies for Contesting the Veracity of the Information
    4. Challenging the Process of Obtaining the Information
  8. Ethical Dangers and Considerations Specific to Electronic Discovery
    4:00 - 5:00, Jennifer Moore
    1. Ethical Risks of Pretexting/Using Friending to Obtain Personal Information
    2. Attorney/Client Privilege: Client's Spouse Has Access to Your Communications
    3. Production of ESI Data Without the Proper Privilege Screening
    4. Failure to Manage Client and Ensure Proper Due Diligence

Seminar Summary:

Gain a fundamental understanding of e-discovery and its role in your practice, so you can comply with the rapidly evolving federal and state regulations and use ESI in more cases without sending the clients to the poor house. (see full course description)

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