This topical program examines the practical and ethical issues arising from the truly unbelievable amount of potentially evidentiary information stored within, or accessible to, a cell phone. First generation cell phones contained no information as to the history of the use of the phone, no photos, no text messages, no emails, no social media accounts, and no web browsing history, The history of and old cell phone's inbound and outbound calls might have been available in service provider's records or in paper billing statements, but not on the phone itself. Today's phone records a myriad of actions and inactions related to the user and those with whom the user communicates, including when, where, and how the phone was used- much of which is captured without the knowledge or intent of the user. How then is an attorney to deal with the cell phone of a client which comes into the attorney's possession? Can a client give informed consent to the attorney to "look at'' the phone in search of "helpful" information. What may and attorney do when "unhelpful" information is seen on a client's phone? The skit illustrates how easily and unknowingly an attorney may stray into a position in which almost anything the attorney does makes the situation worse.
Presented By: The Anthony M. Kennedy American Inn of Court (30048)
Presented: March, 2019
Topic Areas: Social Media, Technology and the Law, Legal Practice, Public Relations, Professionalism and Ethics
Materials: Script, PowerPoint Presentation, Citations of Law, Handouts, and Video
CLE Approval: Pending
State: California
Hours: 1.5
2019 National Program Awards Placement: Third Place
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