Text Messaging's Impact on Mobile Discovery

Text messaging is still wildly popular as a way to communicate and the fast nature with which these messages can be exchanged means that this form of communication can make up a lot of the work in electronic discovery for litigation. There is a lot of diversity when it comes to the various ways that text messages are shared and stored, and the evolution of this technology certainly has important ramifications for mobile discovery now and in the future. Today, cell phones operate much like small computers, meaning that a wealth of information can be linked to a cellphone and its records.

There's a new frontier when considering mobile messaging and electronic discovery. While there are laws in place for e-discovery and recommendations and guidelines as well, mobile messaging is a constantly evolving technology. This means that not only does it play an important role in today's litigation preparation, but attorneys and researchers will need to be at the forefront of the changes in mobile technology at play over the coming years, too. There are many issues already at the forefront of this conversation, like data retention, privacy and production.

Text messaging is a leading way for people to communicate, whether the issue at hand is personal or professional. The extremely fast nature of today's networks means that data can be shared within a matter of seconds over a text message, and this can result in thousands of messages exchanged between users in a given month. For the attorney responsible for reviewing this material, it can be a challenge to evaluate all this material and refine it to determine what's most applicable to the case.

Innovation, much like the creativity improving the experience of mobile for the end user, will be a driving factor in this conversation. Keeping profits up is a primary goal for the technology experts behind new developments, but these same developments could have important ramifications for the attorneys and staff charged with reviewing this material.The bottom line is that the discussions over mobile and electronic discovery are evolving too. Staying on top of industry news as well as legal updates is crucial for anyone who is using mobile messaging in their electronic discovery research.

The final word hasn't been spoken, and it's clear that this issue will continue to be in the spotlight for some time. Being adaptable and flexible is in the best interest of professionals working in this arena.

This blog article is based on the article entitled "The evolution of text messaging and its impact on mobile e-discovery" written by Mike May and Andrew Russell, Esq. of the Cannon Group, published on December 5, 2013 on the ACEDS website: http://www.aceds.org/the-evolution-of-text-messaging-and-its-impact-on-mobile-e-discovery

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