http://ow.ly/5PtVN
Article appearing on Law.com on LTN written by Sean Doherty.
The article quotes Computer Forensics and eDiscovery expert Craig Ball, Esq., as he says "it's time to learn" technology and be better prepared to deal with eDiscovery.
The article discusses a case in Connecticut involving child pornography that allegedly existed on a hard drive. The prosecutor apparently inadvertently accessed privileged attorney-client communications about the case he was prosecuting, during his examination of the data on the hard drive which was alleged to contain the illegal images. Compounding the problem, the prosecutor did not notify the defense of the fact that he had seen privileged materials until approximately 1 year later.
There are many pitfalls associated with the review of ESI...if you aren't truly prepared to deal with such issues, seek the help of additional experts, and other resources that are available to you. Don't try and learn as you go, as there are just too many mistakes that can be made along the way. When dealing with ESI, it is often impossible to put the rabbit back in the hat, so don't let it out in the first place.
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