To that generation, texting became second nature. According to the Pew Research Center, as of 2015, millennials – generally those born between 19 – had become the most prominent generational group in the American workforce.
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Now we are at a new tipping point, as a younger generation rises in the business community, and smartphones and smart technology pervade all aspects of our lives.
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These lessons were learned, sometimes the hard way (or the really hard way), but they were learned nonetheless, and a new norm emerged. Companies also introduced training programs so that employees, from the most junior to the most senior levels, were taught that they should never put in an email words that they would not want to see blasted in a news article or show up as evidence in a courtroom. (Oh, yes, there was much of that.) Eventually, with experience and the introduction of updated and explicit corporate communication policies, employees began to understand that what they had regarded as “private” on their work computers was not private at all and subject both to corporate and legal review. There was employee teeth gnashing about having to turn over “personal” folders, “private” emails, collections of “jokes” or, indeed, hordes of material of a more.
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In the early years, there was much consternation about the idea of collecting employees’ emails and letting lawyers have free rein to review them. Generally, however, we’ve got this down now, and what was once daunting has become routine.Ĭlients, too, have come far in terms of their understanding about the needs and breadth of eDiscovery.
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The Federal Rules of Civil Procedure formally recognized the change that had occurred with its 2006 amendments that coined the term “ESI” (“Electronically Stored Information”), and over the last decade or so we have been busy refining how to handle eDiscovery. We lawyers learned about metadata, TIFFing, native productions, back-up tape rotations, de-duping, hash-tagging, email threading, clustering, structured data, file shares, archiving, auto-purges, and a host of other technical challenges and solutions. Document review moved from collecting and physically handling hundreds or thousands of boxes of hard-copy documents to computer-screen review of millions of emails and e-docs.Īt first we printed out all the emails to review (really, we did!), but with the change in technology came the “eDiscovery vendor” and the birth of electronic review platforms and a myriad of tools to make review more manageable and reliable.
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– began disappearing while emails and electronic documents surged forward. Over the course of the next 10-or-so years, hard-copy paper records –letters, memoranda, customer files, etc. Paper gave way to electronic communications, and the world of emails exploded upon the business (and legal) community. But, come the mid-1980s, a seismic shift occurred. How did we get here? We will assume a general understanding of the history of written communication, as it passed from primitive rock carving to scribing on papyrus scrolls to the eventual development of paper and ink. Just as we say to clients, “We are going to need to collect company emails,” we now are saying, more and more, “We are going to need people’s cell phones.”Īnd a great hue and cry was heard throughout the land. For business lawyers and the attorneys who represent them, what was the occasional is becoming more and more mainstream. Holson, “Text Messages: Digital Lipstick on the Collar.” New York Times, Dec. Moreover, for family law and personal injury practitioners, text messages (and social media postings) have long been fertile grounds for harvesting evidence of infidelity, harassment, and fraud.
![decipher text message for court decipher text message for court](https://deciphertools.com/blog/img/text-messages-attorney/file-menu-backup-iphone.png)
Courts have been requiring text message preservation and production for the last several years. eDiscovery practitioners also may think there is nothing revolutionary about considering text messages (or counterpart means of communications through WhatsApp and similar systems) as fair game in eDiscovery. Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages.