Top 10 Family Law Electronic Discovery Tips and Ethics

Evidence Matters! Learn how to collect, review and present electronic evidence in your family law cases regarding custody, support, property division, and business valuation issues. You will see demonstrations and real-world examples showing the use of computer, smartphone, and social media evidence. Learn the top 10 things family law lawyers must know about electronic discovery.

  • Updating client intake questionnaires and pleadings to deal with electronic evidence.
  • Preserving and collecting computer and smartphone evidence defensively.
  • Using smartphone (iPhone and Android) evidence in your next case.
  • Distinguishing your law firm with e-discovery best practices.
  • Culling electronic data based on issues in the case (custody, support, and property division).
  • Obtaining social media (e.g. Facebook) and online "cloud" data.
  • Understanding the importance of text messages and email.
  • Using effective search and sampling strategies for family law cases.
  • Performing cost-effective and efficient legal reviews for family law cases.
  • Producing electronic evidence to the requesting party.
  • Persuading the family law judge with electronic evidence.

Learn the risk of client electronic information and how to protect client confidential communications.

  • Protecting client confidential information.
  • Computer security of client data.
  • The importance of encryption and how to configure it.
  • Using effective passwords.
  • Backups to prevent loss of data.
  • Breach of Attorney-Client Privilege through Electronic Surveillance and Spyware.
  • The risk of computer metadata.
  • Smartphone security.
  • Closed Files: Destruction of Electronic Evidence.

A trial lawyer with a deep technical background, Tom Howe has over 25 years of experience in law and technology, and is a member of the Oregon and Washington Bar Associations. He has been referred to in articles as one of the leading e-discovery lawyers in the country, providing legal/technology consulting and expert witness services to some of the largest law firms, corporate legal departments, e-discovery vendors, and the federal government.

For more information: Contact the MBA at 503.222.3275.


Date & Time
Wednesday, January 10, 2018, 3:00pm-5:00pm
World Trade Center, Mezzanine Room, 26 SW Salmon,
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Credit Types
Ethics, General Credit
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