Electronic Discovery and Evidence

Sealed Court Scanned Documents Inadvertently Disclosed

(6-4-04). Clerk Releases Sealed Documents. "Sarasota County Clerk Karen Rushing confirmed Thursday that a deputy clerk erroneously released paperwork that was under a judge's seal in the first-degree murder case of Joseph P. Smith. . . Rushing said a member of the news media got the records from a deputy clerk on Wednesday. "He went up to a the clerk and said, 'I can't open this, can you get it for me?' and the clerk inadvertently gave it out," Rushing said. According to Rushing, it doesn't appear the deputy clerk intentionally leaked the information and it was "just a mistake." "We're looking into why it happened in the first place," Rushing said. "Whether she overlooked it or whether her PC (personal computer) didn't let her know it was sealed." Rushing said the sealed documents are not available from any of her office's public terminals."

Comment: Whether in your office, client's or in other location ensure that your electronic discovery is properly secured.

Law Firm Security Breaches

(6-3-04) UK Law Firms Lose Clients through Security Breaches. "A large proportion of UK law firms have lost clients or damaged their client relationships as a result of digital security breaches such as email misuse, undetected computer viruses or hackers. These are the results of a survey of 100 senior UK legal practitioners, conducted by NOP World, which also confirmed that 40 percent feel at risk of damaged company brand and/or personal reputation from digital security breaches in the workplace."

Comment: After obtaining or producing electronic discovery ensure that your computers are secure from outside theft.