Buying, implementing, replacing, and securing technology are huge challenges – especially when you have billable work to do. And yet, technology (and the policies that govern its usage) is the most important part of a law firm today – at least after the carbon-based units!
With this metadata information at hand, Simek said, one can “with a high degree of confidence, say that these were authentic messages that were sent from this account to that account and sent back.”
The data gleaned from email headers will likely be more than enough to meet the evidence authentication requirements mandated by the Federal Rules of Evidence (FRE) Rule 901, a standard commonly used by both federal and nonfederal courts around the country.
Among other things, the rule allows for authentication based on “distinctive characteristics” of an item including its contents and substance, such as email addresses and messages. These characteristics must be taken together with circumstantial facts, such as evidence a person was at their computer or device at the time an email was sent, or that the email client and device identified in the header matches those commonly used by the person in question.
There is, however, one large caveat to collecting information from email headers: In order to obtain all relevant metadata, one must be in possession of the original email itself. Having a forwarded copy of an original email, Simek noted, creates entirely new header information. “[All I’m] able to see is your information about the forwarding, and not about the original message.”
But once in possession of an original email, extracting the header is fairly easily. Simek explained that one can use e-discovery tools for the task, or even extract them manually from their email client, though the steps for that will vary depending on “if it’s a Gmail message, if it’s Hotmail or some [other] web-based client. The processes are different.”
He advised attorneys, however, to turn to data forensics experts for such extractions, given that “DIY extractions of headers” will likely run into problems, and those who extract the data may also be called to testify in court.
Hopefully your firm will never experience a data breach, but these days it seems more and more inevitable. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Brian Wommack about common mistakes companies make when dealing with a breach, the correct way to handle the situation, and what you can do to prepare for potential threats. They also discuss the different aspects of creating a contingency plan including drafting beforehand how you would break the news to your clients.
Sensei is excited to help the FBA paralegal section fill backpacks for school kids!
The FBA Paralegal Section, in a collaborative effort with the Fairfax Law Foundation, is once again collecting monetary donations for its Annual Back-to-School Supplies Drive. This program benefits the preschool and school-aged children assisted through New Hope Housing, a non-profit organization assisting homeless individuals and families in Fairfax County.
The unfortunate reality is that back-to-school time can be a huge burden on families who struggle each year to provide their children with school supplies. Your generous tax-deductible monetary donation will assist in buying items that conform to mandatory school supply lists.
Monetary donations may be made payable and mailed to the Fairfax Law Foundation: 4110 Chain Bridge Road, Suite 216, Fairfax, VA 22030. Donations will be accepted through Tuesday, August 22, 2017.
Click here to make your tax-deductible contribution online using Visa, MasterCard, or Discover.
Click here to print the flyer.
Introducing technology to legal education could be the key to inspiring innovation in the legal industry. In this episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway talk to Darin Fox about how he sees technology functioning in legal education. They discuss the program Darin oversees at the University of Oklahoma, how the recession affected the use of legal technology, and potential future uses of courtroom technology.
Sensei’s Sharon Nelson and John Simek were recently featured in “Must-Have Technology for Better Client Service” by Joan Feldman with Attorney at Work.