e-Discovery Insights

Calbar LPMT Section Announces Our New LinkedIn Group

    

...you can find us here...

Don't IT Tomorrow what you can IT Today: IT Law Today Blawg

I've been waiting for this for some time.  Robert Brownstone of Fenwick & West (who I've cited many times on this blawg), has finally taken the plunge and launched the blawg, "IT Law Today: News & Updates on the lifecycle of electronic information management".

Folks, if you want to receive top of the line information and resources from one of the best in the business, I recommend you add him to your favorites lists (and while you're at it, follow him on Twitter as well - @eDiscoveryGuru).

You know how stingy I am about promotion on this blog, but this is one of my rare exceptions.  Let me put it this way; when I have an issue that could go one way or the other and I want to chat with someone about the possibilites, Robert is the first person I call!

Make him one of your first stops as well - you will benefit greatly from his knowledge.

Calbar LPMT Section Annual Free Membership Offer Kicks Off Today!

Beginning August 5th and ending August 24th, the State Bar of California Law Practice Management and Technology Section offers free memberships through the end of 2013 to attorneys and non-attorneys alike.  This is a great opportunity to test-drive the section for free!  For more details about the benefits we offer and how to get your free membership, click here.

e-Evidence Insights: Mars Needs Moms; But Science Needs Humans

"It's an inexact science."  We've heard that phrase often.  But, how often have we heard it in reference to DNA?  Usually, we hear it more in terms of how it identifies a particular suspect with astronomically-high odds, such as, 'one-in-a-million'.  In other words, it must be him because mathematically, it couldn't possibly be anyone else.

Consider the very bad luck of our suspect in today's story:

 

• A murder was committed.
• The suspect's DNA was found on tape used to gag the victim.
• Based on this evidence, he was promptly arrested.

Now, factor in the very good luck of our suspect in today's story:

• He had an alibi.
• He was able to prove it beyond all doubt (i.e, it wasn't his mother claiming that he'd been with her the entire time - he was in a hospital).

In fact, he was nowhere near the scene at the time of the murder; nor was he ever at the scene.  Yet, he spent five months in jail before he was eventually exonerated.

This appears to be a bizarre case of transference.

Furthermore, DNA is not necessarily like snowflakes; sometimes, two samples are identical (at least within the range that law-enforcement would feel comfortable arresting and prosecuting a suspect).

The moral of this story?  We rely on science; but sometimes, science must also rely on us.

Related articles

Is your DNA in a database?

Upcoming Presentations: Calbar Annual Meeting: "Innovation & the Law"

I have two presentations scheduled at the 86th Annual Meeting of the State Bar of California.

The official hash tag for this year's event is #CalBarAM13:

* * * * * * * * * *

Thursday, October 10, 2013

 Program #3 - 11:00 a.m. – 12:00 p.m.

eDiscovery and Ethics: What Attorneys (and Clients) Need to Know

with Browning E Marean III

** and **

Friday, October 11, 2013

Program #67 - 4:15 p.m. – 5:15 p.m.

High-Tech Crimes & Misdemeanors: eDiscovery & Forensics in Criminal Matters

with Criminal Law Section Chair-Elect Mark E Jackson

 * * * * * * * * * *

See you there!

Calbar Introduces LinkedIn Groups!

On behalf of the State Bar of California Social Media Task Force, I'm pleased to announce that Calbar is rolling out LinkedIn Groups.  My Section, LPMT, will be receiving a group shortly, but click this link if you'd like to get started by joining the general Sections and CYLA Group.

NSA: What's Privacy Got to Do with It?

You must understand
That the touch of your wand
Makes my pulse react
That it's only the skill
Of breaking our will
Opposites attract

It's physical
Only logical
You must try to ignore
That it means more than that

[Chorus:]

NSA: What's privacy got to do, got to do with it?
What's privacy but a second hand emotion?
What's privacy got to do, got to do with it?
Who needs a code when the code can be broken?

It may seem to you
That I'm acting confused
When you're close to me
If I tend to look dazed
I've read it someplace
I've got cause to be

There's a name for it
There's a phrase that fits
But whatever the reason
You do it to me

[Chorus]

I've been taking on a new direction
But I have to say
I've been thinking about my own protection
It scares me to feel this way

[Chorus]

NSA: What's privacy got to do, got to do with it?
What's privacy but a sweet old fashioned notion?
What's privacy got to do, got to do with it?
Who needs a code when the code can be broken...

New E*D*R*M Metrics Model

A picture's worth a thousand words...

Memoirs of the 2013 Calbar Solo Summit

Well, that's another Solo Summit in the bag.  This was my third in a row (Calbar has been presenting them for five years) and although I noticed all of the Bar staff running around with very concerned looks, they probably needn't have been so worried; the conference went very well.

As I've said before, in some ways, I prefer it to the annual meeting because it's more intimate and one can actually pause to talk to the attendees and not always be running somewhere else.  Also, the programs are custom-made for the Solo and Small Firm practitioner in California.

LPMT put on four programs this year; and I attended all of them.  Well, I had to attend at least one, since I was the speaker...

Biased as I may be, I have to say that our group put on some excellent programs.  Of course, the proof will be in the pudding (which for us means when we receive the rating sheets from the attendees in a few weeks).

I was only able to attend for a day-and-a-half this year, but I'll give the same advice as last year: If you want to collect a large amount of CLE credits on pertinent subjects with 300 like-minded attorneys and many networking opportunities, consider attending next year!

The Mobile Lawyer & Professional Responsibility: Friday in Long Beach

Just a quick reminder that I'm presenting Program #19 at the Calbar Solo and Small Firm Summit in Long Beach, California:

The Mobile Lawyer & Professional Responsibility: Confidentiality in the Digital Age

Friday, June 21, 2013  1:15 p.m.-2:15 p.m.

Lawyers are open for business 24-hours a day.  They communicate via Twitter & Facebook, on smartphones, tablets & notebooks – in coffee shops, taxicabs, airports and on airplanes.  This program reviews recent COPRAC opinions addressing technology and provides tools to protect confidences and privacy for both attorney and client.

It's not too late to register and join us!