In case you just returned from a decade long sabbatical in a cave in the mountains, you are most likely aware that we live in the age of digital information, social media and electronic communications. However, what you may not have realized is that these forms of interaction are used more and more often in litigation as evidence in a lawsuit. This includes malpractice suits brought against a lawyer that has failed to utilize what may be key evidence on your behalf.

In legal terms, it is called ineffective assistance of counsel’, and in a world that is highly influenced and arguably reliant on the internet, a lawyer that improperly identifies electronic evidence, or worse, fails to secure digital evidence, opens up a potential malpractice lawsuit by a disgruntled client. It’s understandable that younger lawyers entering their practice tend to be more tech savvy than those at the twilight of their career. Regardless, all lawyers currently practicing need to remain information smart in this day and age.

In the past, the burden of proof regarding potential malpractice would fall largely upon the former client and with mixed results. But with digital footprints standing out more visibly in the form of emails, social media data and other cloud-based documentation, this is becoming an easier proof point to demonstrate.

It stands to reason therefore that a lawyer in this day and age needs to communicate their policy on virtual document retention and also maintain comprehensive knowledge of how to access electronic evidence. An attorney needs to do so adequately early on before litigation begins. Important evidence may be floating about cyberspace and a counsel’s ability to gather data, properly retain it, and utilize it for the benefit of their client is critical in this digital world.

Source:http://blog.bluestonelawfirm.com/legal-malpractice-news-legal-malpractice-in-the-electronic-era.html