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Lawyers: Gather Ye Text Messages While Ye May

By Eric Lipman

As should be painfully obvious to regular readers of this blog, my colleague Judge Carton is the resident technology guru, what with his expertise on tweeting and the like. So I'm sure he already knew everything I read in this article posted on the website for Law Technology News (and also published in the New York Law Journal). In it, Alan Winchester and Russell Maines, of law firm Harris Beach, give a nice rundown of the current legal landscape as regards to everyone's favorite short-form method of communication -- the text message. They discuss in some detail the technology differences between text messages (or "TXT"s, as the cool kids call them) and e-mail, and the concomitant challenges to ensure that text messages are preserved properly for use in litigation. There's the obligatory reference to Tiger Woods, and some real-world anecdotes, including one about a case where an attorney was exchanging texts with a witness during a deposition taken by videoconference. (The judge didn't care for that, and held that such communications were not protected by the attorney-client privilege.) Litigators (and prolific texters) might want to give the article a read.

Full post as published by Legal Blog Watch on October 07, 2010 (boomark / email).