In that case, the Reader is Emperor.

Your reader may be a prospective client, a lapsed client or a referral source.

Clients, past, present and future, plus referral sources, listen to the World’s Greatest Radio Station, WII-FM, and so do you and so does everyone you know.

In case you haven’t heard of it, WII-FM means “What’s In It For Me.”

You probably have defined your practice area by the services you offer: family law, real estate transaction, intellectual property and so on.

Sadly, that is not how clients and prospective clients see the world.

Instead, they think of their problem, how they can solve it within the (invisible to them) boundaries of the law and how to protect themselves going forward.

Accordingly, you must frame how you will bring your legal knowledge to bear and resolve an issue from the client’s perspective.

This first tip means you position your practice by defining the kinds of problems that you solve and for which types of clients. That way, potential clients with a specific need and certain characteristics will look for you, plus referral sources will keep you in mind.

For example, an attorney only handles personal injury cases for residents in nursing homes. People who were injured in a slip and fall on a public street after a heavy snowfall will not seek her counsel, unless it is to request a referral to someone who does handle litigation for that mishap.

Your goal in focusing on the client’s perspective is to screen some people in and most others out.

Now that you have defined your client’s issue, you must show that you are the best person to address their situation. In other words, the client is deciding whether to work with you or Pat Williams.

It’s not enough to say that you have had terrific success with this kind of case. You have to prove it.

Tips two and three are your resources: internal and external. You may describe representative cases in a generic way, following the PARI model.

• P is for Present situation or Problem
• A is the Action you took
• R is the Result, in the short term
• I is the Impact in the long term

Consider the example of a matrimonial attorney: The Problem was a wife suspected her husband had hidden assets and had understated the value of his business, which would affect the divorce settlement. The Action was the steps her attorney took to have the business appraised and uncover the location of these hidden assets. The Result was that more than $2 Million was found in obscure accounts in a business subsidiary. The long-term Impact was that the judge remained highly skeptical of the husband’s financial accounting and approved an unexpectedly higher settlement for the wife.

As for external resources, these are designed to show your mastery of the legal matter; they include:

• articles you published in general, business or industry publications
• news stories where you are quoted
• client testimonials about your work together
• podcasts and webinars where you discuss current issues

Finally, for the fourth tip, you must endeavor to continue the conversation. Anyone who visits your website or LinkedIn profile should not leave empty-handed.

Offer tips, best practices, three DO’s and three DON’Ts, a quiz or an e-book. All these are available as a download, which may or may not require an email address. Once they have it in hand, readers can even share it with a colleague, supervisor or family member.

In addition, display your current newsletter and make it easy to subscribe to it. In fact, all your newsletters should be posted on your website.

Use these same tips to introduce yourself to the industry, local business and legal reporters at the publications read by your clients and prospects. Journalists, too, are interested in the solutions an attorney provides to clients. When a new law or regulation looms on the horizon, reporters will seek a reliable and authoritative source who can comment on the business implications of this change. When you create a professional relationship, YOU will be the attorney the reporter calls.

When you focus on the problem of the potential client, offer examples of your success, provide proof that others recognize your knowledge and freely give a sample of your insight, you create the basis for a solid working relationship.

These four tips are the foundation for success in Marketing and Media Relations for solo attorneys.

Thanks to Amy Carron Day, Esq., for her thoughtful comments on this article.

The post Four Tips For Solo Attorneys To Build Their Marketing And Media Relations Skills appeared first on Above the Law CLE.

• Legal, Ethical, and Practical Issues for Vaccine Credentials and Verification for Workplaces. As COVID-era restrictions are lifted, many workplaces are considering adopting vaccination programs to promote the health of their employees. This program reviews the legal, ethical, and regulatory concerns this raises, the regulation of vaccine credentials, and the applicable forms attorneys can use when working with these cases. Aired Tuesday, August 10, 2021 – available on-demand.
• Examining Phishing in Law Firms: Tips for Attorneys to Combat Cybersecurity Attacks. Law firms manage business deals, financial transactions, and host many clients’ and employees’ personal information, which makes them an attractive target for cybercriminals and phishing attacks. This program will discuss the importance of cybersecurity in law firms and the ethical obligations attorneys have to safeguard client and employee information. Airing Monday, August 23, 2021 at 10:00 a.m. (EST)
• Modern Day Feuds: How to Handle Cyberbullying & Revenge Pornography Claims. The anonymity that the internet provides amplifies the frequency of “modern-day fuels”, such as cyberbullying and revenge porn. This program teaches attorneys about the new practice areas of Cyberbullying and Revenge Porn law, and explores relief for victims and best practices for handling these types of cases. Airing Thursday, August 26, 2021 at 2:00 p.m. (EST)

If you can’t attend a live webcast, don’t worry! All of our courses go on-demand within a week after airing (and you can check them out with our free trial). Check out some recent highlights:

• Understanding the Impact of Covid-19 on Social Security Disability, Long Term Disability, and Workers Compensation Claims. This program explores how COVID-19 has trailblazed an easier path for individuals seeking disability benefits and the specific ways COVID-19 can increase the likelihood of success in some cases. Originally aired on July 19, 2021
• Navigating International Surrogacy Arrangements. Surrogacy in the U.S. can be expensive, and some parents choose to take their surrogacy journey to another country. This program dives into the history of international surrogacy, legal issues surrounding reproduction arrangements across international lines, important cases in this area, and the practice of surrogacy across borders. Originally aired on July 26, 2021
• Supporting Attorney Well-Being through Ethical and Effective Leadership. This program will provide attorneys with leadership skills and ethical rules to help them better navigate challenging situations, reduce the risk of malpractice, increase team sustainability, and manage stress and anxiety. Originally aired on July 30, 2021

The post New August CLE: Combatting Cybersecurity Attacks, Vaccine Verification In The Workplace, And More appeared first on Above the Law CLE.

This month, check out: 

SCOTUS Review 2021 Part I: Criminal Law

Join experienced constitutional practitioners Ameer Benno and Erica Dubno for Part I of Lawline’s fifth annual SCOTUS Preview, addressing several critical cases that are to be decided in the 2021 Term. In this course, Ameer and Erica will discuss the following upcoming cases involving criminal law and related fields:

• Torres v. Madrid: Whether using physical force to restrain a person amounts to a seizure under the Fourth Amendment even if the person does not submit and is not subdued.
• Lange v. California: Whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an “exigent circumstance” allowing the officer to enter the person’s home without a warrant.
• Jones v. Mississippi: Does the Eighth Amendment require that a juvenile be found “permanently incorrigible” before imposing a sentence of life without parole?
• DOJ v. House Committee on the Judiciary: Is an impeachment trial before a legislative body a “judicial proceeding” under the Federal Rules of Criminal Procedure?
• U.S. v. Tsarnaev: Does the Constitution require that trial courts ask each prospective juror for a specific accounting of all pretrial media coverage that he or she had read, heard or seen about the case?
• Thompson v. Clark: Do malicious prosecution claims brought under the Fourth and Fourteenth Amendments require a showing that the criminal proceeding ended in a manner that affirmatively indicated the criminal defendant’s innocence?

Get your free CLE.

The post Free August Course: SCOTUS Review 2021 Part I: Criminal Law appeared first on Above the Law CLE.

Podcasting can be a great way for law firms to establish their brand, reach new clients, and become thought leaders in their field. Before you decide to launch a podcast, however, you want to have a clear vision of how this project fits into your overall business plan and long-term goals. You also want to make sure your production quality is strong enough to keep the listeners you attract. How do you gain the skills you need to make your podcast successful? Whether you want to launch a five-part series or a six-season podcast, follow these seven steps to launching a successful podcast:

1. 1. Identify your audience. Before ordering a microphone and headphones, grab pen and paper and ask yourself: Who do I want to talk to – clients or other attorneys? Why am I starting this podcast? Is this a passion project, a branding opportunity, or a way to partner with colleagues in the industry?
   2. Outline your content. Once you have identified your who, you need to work on your what. Are you planning to create new content or build on existing blogs, video transcripts, or firm newsletters? You want to be engaging and interesting, but your podcast also should not be a full time job. It may be helpful to do a competitive analysis, looking at the podcasts that already exist in your topic area, taking notes on what podcasts are most successful, and identifying gaps in existing content that you can speak to with expertise. Pro-tip: Create a reusable template for each episode reminding listeners to rate, review and share the show.
   3. Use the right equipment. After listening to podcasts for years, I was so excited to start podcasting, I recorded my first episodes on my IPhone. I used the iPhone app “Recorder.” The software you use probably isn’t particularly important, but your hardware can be the difference between a clean and clear audio experience and a distorted mess. Do some research to find the best recording mic for you, such as t​he Yeti mic, which is an industry standard and recommended on most Youtube videos.
   4. Record in batches. Once you have an idea of your ideal listener and an outline of your content, you are ready to record your first show. I highly recommend you prepare 4-6 pieces of content to “batch record” in one sitting. I found the following software applications simple to use and with responsive customer service: Zencastr, a service where you create an account, plug in the microphone and record content; Anchor, an “all-in-one” app that lets you record, edit, add music and publish from one platform; and Riverside FM, an application recommended by my sound engineer because of its post-production features.
   5. Edit your work. Many podcasters are able to edit their own recordings to remove sounds, background noises and other audio impurities. If you don’t have the patience or skills for this, you have options! For a few extra dollars ($100-$200 per month), I hired a sound engineer to clean up my audio files, add music and an introduction. Consider the following editing services: Vance Lang Productions edits, adds music and publishes my show; Upwork is an online freelancer marketplace which has a great network of sound engineers and podcast specialists. Zencastr, mentioned above, has many features that allow you to edit raw audio and add music.
   6. Create your cover art. Don’t overthink your cover art or spend hours deciding on a podcast name. The only critical step here is that it must be super easy for listeners to find you. If your podcast features the history of Virginia law and politics, call the show “VA Law & Politics.” If you want your listeners to know that you can help business owners avoid legal nightmares, let them find you at “New Business Pro-tips.” Creating cover art and adding the show name can be a DIY project using Canva software or you can hire a freelancer starting at approximately $150. Pro-tip: If you just want to record your content and let a pro handle the rest, check out all-in-one podcast producers.
   7. Distribute your content. After your content is recorded and post-production extras have been added, the world – or more specifically your ideal listener – needs to hear your message. Podcasts live on a hosting site, similar to how your firm’s website lives on WordPress, Wix or Webflow. Consider the following platforms that will both host and distribute your podcast to your audience: Podbean will host and distribute your show to Apple, Spotify, Stitcher, Google Podcast and numerous other listening forums. Simply sign up for a free account to have your show published and distributed, and additional features for a paid subscription. Buzzsprout is another popular hosting platform that offers both free and paid subscription plans, and Captivate promises users an easy hosting experience. In the end, finding the best hosting software will take signing up for the free subscription and then playing around to find out the best fit. I always recommend trying to reach a help desk to determine if the company has responsive customer service to help you troubleshoot frustrating software issues. And whichever platform you pick, make sure it provides automated distribution features when you publish an episode.

And that’s a wrap! You’re ready to create and launch your first podcast – I’m excited to hear your first episode!

Disclaimer: I have mentioned a few specific companies and services in this article, some of which I have personally used. I do not have any affiliation with these companies, and these recommendations are a product of my personal research and experience.

The post Podcasting For Lawyers And Law Firms: Seven Steps To A Successful Series appeared first on Above the Law CLE.

Attorneys whose reporting cycle ends in 2021 or 2022 do not need to complete the new EDI requirement until their following cycle.

Colorado attorneys can complete their entire CLE requirement through Lawline’s catalog of over 200 Colorado accredited courses.

Related Content:

1. What Attorneys Are Watching In Every State (Map)
2. Interrupting Implicit Bias by Design: Inclusion Nudges in the Legal Profession
3. SCOTUS Review: LGBT Workplace Discrimination

The post CLE Alert: Updated CLE Requirements For Colorado Attorneys appeared first on Above the Law CLE.

• Fundamentals of Software & Data Rights in Government Contracts. In this useful program, you’ll identify the rights granted to the federal government under various types of contracts, learn how to apply them to software and technical data, and get up-to-speed on all the key terms of art in the industry. Airing Monday, July 12, 2021 at 12:00 p.m. EST.
• SCOTUS Review 2021 Part I: Criminal Law and SCOTUS Review 2021 Part II: Civil Law. Review ten of the most consequential decisions handed down by the Supreme Court in the 2021 Term. Airing Thursday, July 15, 2021 at 2:00 p.m. EST and Friday, July 23, 2021 at 1:00 p.m. EST.
• Drafting and Implementing LGBTQ+ Inclusive Law Firm Policies and Procedures. Learn how to effectively create and implement LGBTQ+ inclusive policies in law firms, including firms with multi-state offices. Airing Tuesday, July 20, 2021 at 12:00 p.m. (EST)
• White-Collar Criminal Defense Litigation Update. Get fully caught up on the new administration’s enforcement priorities, including a recap of the most important developments in the first half of 2021 and a sneak peek of what’s to come. Airing Thursday, July 22, 2021 at 12:30 p.m. (EST)
• What Is It Good For? Drafting Privacy and Data Security Provisions in Contracts. Recognize when privacy and data security provisions are required in agreements, and gain a helpful overview of the common issues that arise when drafting and negotiating such terms. Airing Tuesday, July 27, 2021 at 10:00 a.m. (EST)

Can’t make the live stream? Don’t worry, you can watch them all on-demand! Check out our entire course catalog here, comprised of over 1,500 courses designed to empower you in your legal practice.

Related Content:

1. Must-Watch June CLE: Educating the Legal Profession on LGBTQ Issues, Voting Rights Litigation, and More
2. Must-Watch May CLE: Postmortem Toxicology, Legal Issues in Surveillance and Social Media, Vaccine Liability and More
3. What Attorneys Are Watching In Every State (Map)

The post Top Five CLE Programs To Watch This July appeared first on Above the Law CLE.

This month, check out:

Voting Rights Litigation Today: Strategies for Moving from Voter Suppression to Election Protection

Across the country, and especially in the Deep South, a concerted assault on voting rights is taking place. Since the Supreme Court struck down a key provision of the Voting Rights Act of 1965 – one of the most successful pieces of civil rights legislation designed to increase voter registration, turnout, and fair electoral schemes – we have seen a proliferation of policies that do just the opposite. Georgia and Florida have passed severe voter restrictions following the historic 2020 elections, Alabama has enacted onerous photo ID requirements, counties continue to close polling places at an alarming rate, and state legislators in general are erecting burdensome voter eligibility requirements.

The Supreme Court also has upheld extreme forms of partisan gerrymandering and approved of discriminatory voter purge procedures. In response, the Southern Poverty Law Center and partner organizations have mounted a massive campaign to challenge these regressive policies, improve access to the ballot box, and demand government accountability. This course will address these issues and many more as we gear up for the 2021 redistricting cycle and 2022 mid-term election season.

Get your free CLE.

The post Free July Course: Voting Rights Litigation Today: Strategies for Moving from Voter Suppression to Election Protection appeared first on Above the Law CLE.

This progress would not have been possible without the tireless advocacy and efforts of the LGBTQ legal pioneers who advocated for fairness and equality in the U.S. and within the legal profession. Read about just a few of these trailblazing attorneys below:

Barbara Charline Jordan

Barbara Charline Jordan was an outsize figure in politics and the fight for civil rights. Her passion for politics ran in her family – her maternal grandfather was one of the last Black state representatives in Texas prior to mass disenfranchisement under Jim Crow, and her mother was known for her public speaking skills. In law school, she was a champion debater, winning against teams from Ivy League schools. She turned towards a political career after law school while working on the JFK presidential campaign, where she organized a successful get out the vote effort in Houston’s Black communities. In 1966, Barbara became the first Black state senator in Texas since Reconstruction. In 1972, she became the first woman to represent Texas in the House of Representatives, and the first Black congresswoman from the South. She was a fearless advocate for civil rights, and was known for impassioned speeches that changed hearts and minds. Although she was not out publicly during her political career, she did have a long time domestic partner, Nancy Earl, and her work paved the way for the LGBTQ+ politicians who came after. She passed away in 1996.

Dennis deLeon

From his early career as a trial lawyer with the DOJ and his advocacy for migrant workers in California, to his tenure as New York City Commissioner of Human Rights, and the decades he spent as Executive Director of the Latino AIDS Commission, Dennis deLeon was a fierce advocate for justice who loved working in public service. In 1993, he made the brave decision to come out publicly as HIV positive, contributing to greater visibility for people with AIDS. In his time with the NYC Human Rights Commission, he helped investigate and end discriminatory housing, employment, and healthcare policies. In his role with the Latino AIDS Commission, he helped create a library of Spanish language resources for people with AIDS, and was known for his successful coalition building with other communities of color fighting the AIDS crisis. He passed away in 2009.

Carrington Boggan

Carrington Boggan was one of the founders, along with Bill Thom, of the critically important LGBTQ advocacy organization Lambda Legal – which was originally denied its application for incorporation because it was “neither benevolent nor charitable”. As general counsel of the newly formed Lambda Legal and the first openly gay attorney to argue before the New York Court of Appeals, he filed an amicus curiae in Matter of Kimball, a case which allowed an attorney who had previously been disbarred for being gay to be admitted to practice in New York. He also won reinstatement for two Air Force and Navy veterans who had been discharged for being gay. Additionally, he successfully litigated a federal suit granting gay students the right to assemble on a state university campus, and he outlined some of his groundbreaking strategies in the law review article Securing Gay Rights through Constitutional Litigation. He passed away in 1992.

Judge Phyllis Frye

In her early career, before she became the first openly transgender judge in the U.S., Judge Phyllis Frye struggled to find employment. She became an attorney in 1981 and didn’t start practicing full time until 1986, when she took a case for a closeted, gay man in the military who received a DWI while walking out of a gay bar and wanted to keep it out of the newspaper. After that, she ran her own private practice, representing many members of the LGBTQ+ community. In the 1990s, she started the International Conference on Transgender Law and Employment Policy, working with other trans lawyers and activists to write policies and strategize around their advocacy. Later in her career, she handled many name changes and discrimination claims for her trans clients. As a Judge in the municipal courts of Houston, Texas, she primarily handles traffic offenses, but the legacy of her fearless advocacy is felt all over the country.

Urvashi Vaid

Named by Out Magazine in 2009 as one of the 50 most influential LGBT people in the U.S., Urvashi Vaid has done amazing work advancing LGBTQ+ issues in politics for over three decades. While still in law school, she started the Boston Lesbian/Gay Political Alliance, an organization that interviews and vets political candidates and advocates for LGBTQ+ issues. Her career has taken her from the ACLU’s National Prison Project, to various positions with the National LGBTQ Task Force, to the Engaging Tradition Project at Columbia Law School’s Center for Gender and Sexuality Law, and beyond. In 2012 she founded LPAC, the first lesbian Super PAC. She has written several books, including Virtual Equality: The Mainstreaming of Gay and Lesbian Liberation and Irresistible Revolution: Confronting Race, Class and the Assumptions of LGBT Politics.

Of course, these were just a few of the many brave attorneys who fought for the rights we have gained, and paved the way for the work still to be done. To learn about the amazing work young LGBTQ+ attorneys are doing to change the world now, check out the LGBT Bar’s annual 40 Best LGBTQ+ Lawyers Under 40 list.

Related Content:

1. Estate Planning for Same-Sex Couples and Non-Traditional Families under the Biden Administration
2. How to Address Anti-LGBT Bias in the Courtroom
3. Drafting and Implementing LGBTQ+ Inclusive Law Firm Policies and Procedures

The post Pride In Their Practice: Five LGBTQ+ Legal Pioneers You Should Know appeared first on Above the Law CLE.

Combating the epidemic of attorney fatigue requires structural change at law firms and other legal workplaces, and in the justice system writ large. For individual attorneys, however, there are skills you can learn to manage stress on an everyday basis. If you’re looking for some new strategies to manage and care for your own mental health, check out one of Lawline’s top five Attorney Wellness CLE programs, designed to be practical, enjoyable, and most importantly, to help you deal with the daily struggles every lawyer is familiar with:

1. Overcoming Compassion Fatigue: Attorney Wellness When Working With Clients in Trauma. Many legal matters occur at times of acute stress, and attorneys who work with clients who have faced trauma frequently experience secondary trauma during their representation. This course provides techniques for preventing and managing secondary trauma, including specific advice on listening to traumatic stories, and self-care practices.
2. Depression: An Occupational Hazard of the Legal Profession. This program goes beyond the statistics on lawyer depression and substance abuse, providing a comprehensive overview of risk factors and symptoms of depression and intervention strategies for attorneys with colleagues in need of support. It also outlines the resources that are available to attorneys who are struggling.
3. Striving for a (Realistic) Attorney Work/Life Balance in 2021. Setting and maintaining a realistic work-life balance is particularly important for attorneys. Fortunately, this is a skill that can be learned. This course provides information on identifying the early warning signs of impairment and burnout, as well as well-being strategies that really work.
4. Developing Resilience and Achieving Well-Being in Times of Challenge and Chaos. As law firms and other workplaces re-open, any “return to normal” must include a reckoning with the struggles and trauma of the last year, and this means building cultures of resilience and well-being. This course will use case studies to teach attorneys and law firm leaders specific techniques to develop mindfulness, resilience, and reduce workplace stressors.
5. Stress Management for Attorneys: Ethical Traps for the Unwary. This informative and interesting course focuses on the effects of chronic stress and how these impair a lawyer’s ability to practice law. The program uses neuroscience to describe the impact of chronic stress and teaches evidence-based strategies to manage it. One viewer called it the “best and most useful ethics course I have ever taken.”

Interested in more Attorney Wellness content? Check it out here.

Related Content:

1. Stress Management for Busy Lawyers: Six Strategies to Avoid Procrastination
2. Saving Your Sanity: Four Wellness Tips from Leading Legal Educators
3. Risk, Regulation & Resilience: Linking Malpractice, Competence, and Attorney Well-Being

The post Five Attorney Wellness CLE That Will Actually Improve Your Life appeared first on Above the Law CLE.

In the CLE program Search and Seizure in the Digital Realm, digital forensic expert Brian Chase explains the key Supreme Court cases involving Fourth and Fifth Amendment rights that apply to digital evidence. We’ve compiled the top questions attorneys should raise when challenging warrants for digital evidence in court. Check them out below:

1. Was There a Reasonable Expectation of Privacy?

If the data gathered went beyond the scope of a warrant that was issued, the use of that data may constitute a trespass, and may have impeded on a defendant’s reasonable expectation of privacy. In United States v. Jones, law enforcement put a GPS device in the defendant’s vehicle and monitored his movement for a month. The GPS device was not installed within the timeframe specified by the warrant, nor was the device installed within the location specified by the warrant. The warrant was found to be invalid and, in the majority opinion, Justice Scalia indicated that the warrantless search was a violation of Jones’ Fourth Amendment right, constituting a trespass. In his concurring opinion, Justice Alito also brought up a reasonable expectation of privacy argument that use of longer-term GPS monitoring in investigations of most offenses, beyond four weeks, impinges on one’s expectations of privacy.

2. How Much Data Collection Did the Warrant Allow?

A warrant must describe with particularity what data is to be collected – a general search and seizure will not stand. In Riley v. California, Riley’s cellphone was searched without a warrant. The Supreme Court ruled that a warrant is required to search a cell phone, and that the data to be collected must also be specified in light of the excessive amount of data stored in cell phones, and the probable cause requirement for a search by law enforcement. Even if the “plain view” doctrine is evoked, data from cell phones may not be considered in plain view because Cellebrite, the program most law enforcement agencies use to download phone content, requires selection of specific data to download and, therefore, that data is not actually in plain view.

3. Does the Third-Party Doctrine Apply?

Under the third-party doctrine, if a person voluntarily provides information to a third party (like the phone company, for example), the Fourth Amendment typically does not preclude the government from accessing it without a warrant because a person has “no legitimate expectation of privacy” in that data. Carpenter v. United States raised the possibility that a warrant may be required for other kinds of records like online accounts, modern bank records, or smart devices to abide by a person’s Fourth Amendment rights. In Carpenter, law enforcement obtained 127 days’ worth of historical cell site location information under the Stored Communications Act. The Supreme Court ruled that a warrant is required for information spanning a length of time of 7 days or more and declined to use the third-party doctrine.

4. Are the Passwords Protected?

The Fifth Amendment provides an individual protection against being “compelled in any criminal case to be a witness against himself.” Passwords, which are an expression of the contents of an individual’s mind, fall squarely within the protections of the Fifth Amendment. For devices that are unlocked via fingerprint, the Eighth Circuit has found fingerprints to be non-testimonial evidence, but producing a fingerprint can communicate possession or control of the device as testimonial evidence. Nevertheless, even if a fingerprint is obtained to unlock a phone, a password is still needed to download the contents of the phone.

5. Can the Prosecution Rely on the Search as Being Done in “Good Faith”?

Exclusionary rules prevent the government from using certain evidence gathered in violation of the United States Constitution. Exclusionary rules vary from jurisdiction to jurisdiction but, as indicated in Davis v. United States, searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule.

To learn more about digital evidence and the Constitution, check out the full program here.

Related Content:

1. Using Location Data in Litigation: From Cell Phone to Cell Towers and Smart Homes
2. Constitutional Rights at the Border: Digital Device Searches & Related Issues
3. Electronic Information in Criminal Proceedings: 4th & 5th Amendment Implications

This post was prepared with the assistance of Elsie Tan, a New York Law School student.

The post “Siri, Is This Admissible In Court?” Five Steps To Challenging Warrants For Digital Evidence appeared first on Above the Law CLE.