Extract from article by Craig Ball
Lately I’ve begun asking CLE attendees how many are never more than an arm’s length from their phones 24/7. A majority raise their hands. These are lawyers, and most are Boomers, not Millennials.
Smart phones have changed us. Litigants are at turning point in meeting e-discovery duties, and lawyers ignore this sea change at peril. The “legal industry” has chosen self-deception when it comes to mobile devices. It’s a lie in line with corporate bottom lines, and it once found support in the e-discovery case law and rules of procedure. But, no more.
Today, if you fail to advise clients to preserve relevant and unique mobile data when under a preservation duty, you’re committing malpractice.
Yes, I used the “M” word, and not lightly.
I wouldn’t have called it malpractice a few years ago. But two things have changed, and we can’t hide our heads in the sand. These are paradigm shifts.