Section Calendar of Meetings and Events
76th VSB Annual Meeting
June 12 - 15, 2014
Fri. 6/13 Section CLE Program
‘Friending’ Electronic Evidence –
How to Subpoena, Obtain and Present Electronic Evidence at Trial
SPONSORS: Corporate Counsel, Criminal Law & Litigation Sections
Sheraton Oceanfront Hotel – 36th Street & Atlantic Avenue
TIME: 9-11 am
2.0 MCLE Credits ( including 1.0 Ethics)
For many years lawyers and clients have regularly communicated by email, and, more recently, on social media sites. As a matter of course, emails and Social Media communications regularly contain Attorney-Client Privilege notices that may be lost if not properly protected. Many courts are confronted with evidentiary issues regarding email and social media communications, and, depending on the context, the results of court rulings may vary.
Ethics Session (1 Hour)
This portion of the program will focus on the issues of finding and obtaining emails, texts and social media evidence and related attorney-client issues.
Alfred L. Carr – Assistant Bar Counsel, Virginia State Bar, Richmond.
The next portion of the program will focus on how to subpoena and present emails, texts and social media evidence at trial- including where to send the subpoena what to do if the recipient does not respond; who should serve as custodian; and how to present the evidence with or without a custodian.
Hon. John M. Tran – Circuit Court of Fairfax County, Fairfax.
Michael E. Barnsback – LeClair Ryan, Alexandria.