Text messaging is mainstream. Clients generate virtual reams of data when they message with business partners, vendors, employees, and even the public. This is a rich vein of electronically stored information that is potentially discoverable in formal litigation or pre-litigation. Because texting is so convenient, casual and almost reflexive, the caution clients exercise in other forms of communication are often disregarded when texting, including when they text with their lawyers. This program will provide you with a practical guide to obtaining text messages, the risks of discovery in litigation, and related issues.
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