Make sure your evidence doesn't get thrown out - learn how to successfully admit email and internet evidence at trial.
The internet made its debut in the 1970s, and electronic information has since found its way into the courtroom. Digital evidence has transformed the way attorneys, judges, and juries conduct discovery, find truth, and engage within the legal field. Attorneys have an ethical duty to understand the technical aspects of gathering, preserving, producing, and presenting electronically stored information (ESI) at trial, especially when an increasing amount of client information is stored digitally. State and federal rules of civil procedure impose upon litigants an obligation to identify, preserve, and produce that information to the opposing side. Discovery issues are often present, throughout any given case, the outcome of which may be dependent upon a proper understanding of digitally and electronically stored information. Attorneys can gain a case advantage by securing information not previously available, including: hundreds of social networking applications, private chat room logs, emails, texts, blogs, photographs, online materials, videos, voicemail messages, cloud-based file-sharing, and material within document storage sites. With this knowledge, an attorney can confidently make specific and complete requests when conducting discovery and providing disclosure because every possible source has been assessed, searched, and uncovered. Once uncovered, it is the attorney's duty to ensure that the evidence is authentic, can be traced, and that the metadata shows the originality of the document presented. Collecting evidence, even in civil litigation cases, requires you to think forensically. This information will give you the essential tools required to understand, gather, produce, and review ESI. You will achieve this readiness by gaining a solid understanding of what ESI is and how to masterfully tackle issues related to its authenticity and by overcoming objections to admissibility at trial.
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What Is ESI? Including Those Sources and Types Often Overlooked
Overview of the Process of Gathering and Receiving ESI Information
Spoliation-Duty to Preserve and Maintain
Sanctions for Failure to Disclose
Meet and Confer Re ESI
Privilege and ESI
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This course was last revised on May 8, 2019.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CO CLE 2.0
- Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- HI CLE 1.25
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.0
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
- MN CLE 1.25
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- MT CLE 1.5
- This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
- NC CLE 1.25 including Technology 1.25
- This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hour(s). This course also satisfies the Technology credit requirement.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.5
- Approved for 1.5 CLE credits in Oregon.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- UT CLE 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- NALA 1.47
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.47 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Dennis I. Wilenchik, Esq.
Wilenchik & Bartness, P.C.
- Managing partner at Wilenchik & Bartness, P.C., Phoenix, Arizona, established in 1991
- Focused on trial work for more than 40 years and has tried hundreds of cases, both civil and criminal, for many high-profile individuals, companies, politicians and government entities and officials
- Practice focuses on civil litigation with an emphasis on real estate and business
- Nationally certified civil trial advocate for over 30 years with the National Board of Trial Advocacy and is a member of various American Bar Association committees, including the Trial Practice and Evidence Committees
- Spoken at numerous seminars on trials and evidence, e-discovery, admissibility of email and Internet evidence, the rules of civil procedure and their impact on electronically stored information, the importance of deposition summaries in trial preparation and other trial preparation courses
- Rated as a Super Lawyer by Thomson-Reuters, achieved the highest rating in the Martindale-Hubbell Law Directory®, a member of AZ Finest Lawyers, a Lawyer of Distinction, and has been voted Best Trial Lawyer in Arizona Foothills Magazine three years in a row
- Licensed to practice before all state and federal courts in Arizona and in Texas, the state of New York, the United States Supreme Court, and the Ninth Circuit Court of Appeals
- Licensed to practice in Arizona, Texas, New York, and the District of Columbia
- J.D. degree, South Texas College of Law; B.A. degree, magna cum laude, Brooklyn College of the City University, New York
- Can be contacted at 602-606-2810, [email protected], or [email protected]
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