Our first episode is “eDiscovery: The Challenges of Social Media (and Other Ephemeral Data Types)”.  I asked our guests—Jennifer Joyce and the Hon. John M. Facciola (Ret.)—for one “actionable, monetizable takeaway” for our listeners.  Jennifer said:


“I made the joke during our prep that you should go start your own ephemeral messaging or social media network, but I think we’re a little saturated right now.  I think one of the things that someone could walk away with today is if you are an in-house legal professional, or if you are outside counsel, really do some research and familiarize yourself with the technology that’s available, that your colleagues and/or your clients may be using.  I think that’s one thing that’s a fairly quick way to get abreast of what’s out there and help you serve your clients or your colleagues.”


Judge Facciola said:



“To the lawyers out there, it’s now long past due to increase your technical competence, which is now part of your ethical responsibilities under rule [1.1 and comment 8 to that rule;] a lawyer must keep abreast of the benefits and dangers of the new technology. It’s no longer optional.  It is no longer an excuse to say, gee, Judge, we didn’t keep that stuff because I didn’t know what that WhatsApp thing was.  My grandchildren use that, but I don’t.  This is a time where you cannot delegate to someone else, the fundamental requirement that you understand this stuff.  I grow tired of saying this, but the world keeps changing and lawyers will be of service to the society only insofar as they keep up with that society’s technological developments.  That’s bankable.  The proof is in the pudding.  Those are the lawyers who are attractive to the clients.  Why did you go to a lawyer for advice when he doesn’t know what you’re talking about?”


Interested in hearing more?  Check out Episode 1 here (available June 29).