My interest in legal technology, which has been the key to weathering the COVID-19 storm, came as a natural progression from learning all I could about family law ESI. Family law attorneys used to regard the concept of “ESI” (electronically stored information) as something only relevant to complex civil litigation practices. But in 2015, when the State Bar issued an Ethics Opinion stating that family law practitioners need to understand ESI to be competent, I realized its significance.
ESI, or electronically stored information, plays a vital role in family law litigation. From social media evidence to email communication and instant messages, the digital world has become a breeding ground for evidence in family law cases. Recognizing the importance of understanding the “what’s” and “why’s” of ESI, I delved deeper into learning the “how’s” of ESI with Kevin Mooney.
My addiction to ESI education grew as I discovered its applications in areas like domestic violence, coercive control, First Amendment concerns, privacy, and electronic discovery in family law matters. In 2015, we hosted the first full-day ESI program for family law professionals called “From Consult to Trial: Demystifying the Preservation, Collection, and Presentation of ESI in Family Law.” This event featured renowned ESI expert Tom O’Connor and highlighted the importance of ESI in family law cases.
The following year, we collaborated with Craig Ball from the University of Texas to teach the nuts and bolts of ESI exercises. Together with Tom O’Connor, Gordon Cruse, and Jim Hennenhoeffer, we hosted the second full-day ESI presentation, “ESI 2.0 Managing Electronically Stored Information and E-Discovery in Family Law” at Pepperdine Law School.
As we confronted the challenges of presenting emails, internet-based data, and audio/video exhibits in court, we attended conferences like the ABA Tech Show and MacTrack to explore leaders in legal technology. Surprisingly, we discovered that we were already utilizing the same apps and processes as the most tech-savvy attorneys in the country.
In July 2018, we organized FAMTech LA, a full-scale Family Law legal tech show at the Japanese American National Museum. This event featured panel presentations and exhibit booths from legal tech vendors relevant to family law.
The impact of COVID-19 has further emphasized the importance of legal tech. As we searched for attorney-friendly tech solutions, we realized the reliance on antiquated systems like desktop PCs, landline phone systems, and paper files. In 2018/19, we launched the “Practically Paperless” courses for LQ to demonstrate the power of accomplishing legal tasks using just an iPad.
Looking back at the start of my ESI education, I used to refer to it as the “wild west” of electronic evidence. But now, as I teach legal tech, I see that my predictions about remote work and virtual court appearances with digital evidence are becoming a reality faster than anticipated.
With a passion for legal tech education and a commitment to staying at the forefront of the field, Cari M. Pines, CFLS, is leading the way in empowering family law attorneys with the knowledge and tools they need to navigate the digital landscape.
FAQs
Q: What is ESI?
ESI stands for electronically stored information and refers to any electronically stored data that may be relevant as evidence in legal cases, such as emails, social media posts, instant messages, and more.
Q: Why is ESI important in family law cases?
ESI plays a crucial role in family law cases because it often involves communication and evidence stored in digital formats, such as text messages, emails, and social media posts. Understanding ESI is essential for family law practitioners to effectively represent their clients and present evidence in court.
Q: How has COVID-19 impacted legal tech?
The COVID-19 pandemic has accelerated the need for remote work and virtual court appearances, thereby highlighting the importance of legal tech solutions. Attorneys have had to adapt to new ways of working, relying more heavily on technology to communicate, collaborate, and present evidence in a digital format.
Conclusion
As the world becomes increasingly digitized, legal tech education becomes more crucial than ever before. Cari M. Pines, CFLS, has been at the forefront of this movement, empowering family law attorneys with the knowledge and skills needed to navigate the intersection of law and technology. Through her programs, presentations, and commitment to staying ahead of the curve, she continues to lead the way in legal tech education.