Submitted by Friedman Nemecek on
In today’s technology-driven society, the old ways of lawyering are over. Effective lawyers will always need to master the art of storytelling, but telling a client’s whole story increasingly requires an understanding of modern technology. In order to effectively represent a client, a lawyer must know where the evidence exists. As our society becomes more reliant on technology, evidence is increasingly contained within technological devices, and lawyers must consider different sources of evidence today. Therefore, a lawyer must possess an understanding of technology to understand where to look for evidence.
Not only has technology impacted where evidence is located, but it has also impacted nearly every aspect of a case. Following the technological evidence in a case often leads to the discovery of relevant witnesses that would not otherwise be discovered by a lawyer that lacks understanding of technology. Furthermore, for a lawyer to effectively tell their client’s story, they must understand the audience that they are speaking to. Whether the audience is a judge, jury, or panel, all audience members have been shaped by modern technology. Therefore, an effective lawyer must take into account the effect that said technology has had on the fact finder in order to convey a relatable story.
The Evidence Is Everywhere
The basic task of investigating a case has not changed: find the evidence, understand what happened, and determine how the facts fit together. What has changed is where lawyers must look.
Each day we can’t help but interact with the internet of things, various computing devices with the ability to transfer data over a network. Our cell phones connect to Wi-Fi networks and cellular towers, our vehicles are connected to GPS, surveillance systems are not only at every place of business, but also at many homes. Without even realizing it, we continually produce a digital footprint as to our actions on any given day.
A lawyer that fails to consider technological sources of evidence will only be working with part of the story today. This does not mean lawyers must become computer scientists or digital-forensics experts. However, it does mean they must understand technology well enough to recognize where relevant evidence may exist, know what questions to ask, and determine when an investigator or expert is necessary.
Technological Competence Is Legal Competence
Not only is it best practice for a lawyer to understand modern technology, but it is also their ethical duty. ABA Model Rule of Professional Conduct 1.1 requires competent representation, and Comment 8 further instructs lawyers, “[t]o maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology[.]”
When technology can materially affect a client’s case, understanding its significance becomes part of understanding the case itself.
From Data to a Human Story
Due to the increase in our society’s reliance on technology, lawyers that know where to look have access to more information than ever before. However, more information does not necessarily mean a better case.
A complicated set of digital records may make perfect sense to the attorney who has studied the case for months. But if that data is presented without context it may mean very little to a juror seeing it for the first time. Raw data by itself does not tell a story. It is the lawyer that takes the data and develops it into a story.
True mastery is the ability to take the enormous amount of information produced by modern technology, identify what matters, and communicate its significance in a manner that resonates with the fact finder. GPS coordinates become a person’s movements. A timestamp becomes part of a timeline. A series of messages provides context for a relationship. Surveillance footage may corroborate one account while undermining another.
The technology supplies the information. The lawyer must supply the meaning.
The art of lawyering has not disappeared. Lawyers still represent people, and judges and jurors still decide cases involving people. What has changed is the raw material from which those stories are built.
The tools have changed. The objective has not: find the truth of the case, understand it, and tell the client’s story.
If you are facing criminal charges in Ohio state or federal courts, or need legal representation, please do not hesitate to contact the attorneys at Friedman Nemecek Long & Grant, L.L.C. Our dedicated team will ensure that your rights are protected, analyze the evidence and applicable law, and effectively tell your story. For more information, please visit www.fanlegal.com.
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