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How ABA Rules Affect Preservation Issues

Be able to recognize how ABA Model Rules affect preservation of ESI.

In this focused legal topic, you'll learn how to manage preservation in accordance with professional standards and avoid destruction of evidence. Our experienced faculty will show you how to use experts to identify the ESI that needs to be saved. Find out how to get the expertise you need and how to tackle common dilemmas. Analyze the most important Model Rules related to ESI preservation. Learn factors used to weigh the decision between forensic grade preservation and targeted data collection. Discuss the pitfalls of letting clients monitor their own preservation. Find out how to handle inadequate litigation holds and overlooked media.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

ABA Model Rules That Are Relevant to Preservation of ESI

  • Rule 1.1, Comment 8 Competency (Know Benefits and Risks of Relevant Technology)
  • Rule 1.5, Fees (Fees Charged Should Be Reasonable)
  • Rule 5.3, Responsibility Regarding Non-Lawyer Assistance (Adequate Supervision)

Understanding the Preservation Process: Don't Lose Before You Begin

  • What and When to Preserve
  • Identifying ESI for Collection and Preservation
  • Choosing Forensic Grade Preservation vs. Targeted Data Collection
  • Confirming ESI Data Sources
  • Using Discovery Conference to Increase Efficiency and Reduce Spoliation Risk

Selecting and Using Experts for Identification and Preservation

  • Assessing Identification and Preservation Expertise
  • Understanding the Preservation Tools and Techniques for Different Situations
  • Expertise Satisfying Procedural Issues Effectively and Efficiently
  • Expert Qualification Considerations
  • Why Letting Clients Self-Preserve Is Not a Good Idea
  • Monitoring and Validating an Expert's Preservation Work

What to Do When...

  • Litigation Hold Instructions Were Inadequate
  • Potentially Relevant Media Was Overlooked
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on October 12, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Gregory L. Fordham, CPA, CIA, CCE, Sec+, MCP, Live, Stego

Gregory L. Fordham, CPA, CIA, CCE, Sec+, MCP, Live, Stego

Fordham Forensics, Inc.

  • Founder of Fordham Forensics, Inc.
  • Published more than 70 articles and more than half have involved computer forensics and e-discovery subjects
  • Performed more than 300 computer forensic and e-discovery projects since 2001
  • Successfully defended opinions more than 25 times at trial, deposition, pre-trial hearing or arbitration on computer forensic and e-discovery issues
  • Certified Computer Examiner (CCE), Certified Live and Steganography Investigator, Microsoft Certified Professional (MCP), Security+ Certified
  • Can be contacted at 770-777-2090 or [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401170
Published 2017
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