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2022 Text Messages & Litigation: Discovery & Evidentiary Issues

Total Credits: 1.2 Self Study

Practice Area:
Civil Practice & Procedure |  Litigation / Trial Practice
Audio and Video


Original program date 5/12/2022

Text messaging is mainstream. Clients generate virtual reams of data when they message with business partners, vendors, employees, and even 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.
•    Obtaining text messages – working with mobile carriers
•    Timing – how long are texts kept and in what form? 
•    Discovery issues – obtaining texts from parties or other sources 
•    Issues related to encrypted messaging services
•    How strategies differ for plaintiffs and defendants 

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.


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