Tech Talk
WAIT, WHERE’S MY TABLET!
Losing the Litigator’s Favorite Tech Tool
By Kamran Jivani and Lindsey Yeargin
Alston & Bird LLP
I
magine this: It’s 5:00 PM on a
Friday and you just completed
a deposition. You grab your
carry-on and race to the airport
to catch the last Delta flight
home. A couple of hours later,
you settle into your seat and
discover that your tablet has
not made it onto the plane!
Tablets are quickly becoming
an essential litigation tool, but
they carry unique risks. Below
are some observations on how
tablets are changing litigation
and tips on how to best mitigate
risks from loss or theft.
the device itself. With regard to accessing the tablet itself,
many tablets are now capable of multiple layers of password
protection, including biometric protection. New iPads scan
fingerprints to allow access, and many Android tablets
provide for facial recognition to allow access. With regard to
accessing data on the tablet, a number of practitioners now
prefer to have no data actually on the tablet. Instead, many
attorneys leave documents in the Cloud and then use tablets
merely to access them. This remote access ensures that
copies of documents are not left on lost or stolen devices.
• Tip: Biometric protections are typically disabled on tablets,
so you’ll need to enable that functionality in order to use it.
• Tip: Many Cloud storage platforms allow password
protection for documents and accounts. Enabling this
feature adds extra protection if an unauthorized person
gains accesses to your tablet.
Tablets, the laptop and Finding the missing tablet
paper replacement
Several tracking features allow users and administrators to
One of the most attractive
features of tablets is their size
as compared to laptops. In
the deposition context, court
reporters are now able to stream
real-time transcript feeds to tablets, thereby eliminating the
bulky laptop sitting between the questioner and the witness.
A number of attorneys have also begun using tablets to
present exhibits to witnesses, eliminating bankers’ boxes full
of documents.
• Tip: Request real-time in advance and let the court
reporter’s agency know you would like to use a tablet for the
real-time feed.
• Tip: When using a tablet to present evidence, coordinate
in advance with the opposing counsel and the court reporter.
The reporter will not have physical exhibits to attach to the
transcript, so you will need to send over copies of the marked
exhibits. Be sure to have opposing counsel agree the tablet
itself is not evidence.
Protecting information and using the Cloud
The increased adoption of tablets in litigation carries with
it a heightened risk of unauthorized access to data and
The Official News Publication of the Atlanta Bar Association
find missing devices. Many law firms now use more robust
solutions known as enterprise mobility management (“EMM”)
software, such as AirWatch. When installed on tablets, EMM
applications allow administrators to find or even remotely
wipe the device clean, so that no data remains on a lost
device.
• Tip: Enable the tracking feature, such as Find My Phone,
on your tablet if you do not have EMM software. That way
you can find its location if it is transmitting a signal.
Tablets make our lives as litigators a little easier, but come
with their own set of risks. The simple strategies above can
help mitigate risks and allow us to better use our favorite
tech tools.
Tech Talk was created to encourage discussion and
provide relevant information regarding technological
advances in the legal industry and the implications
these advances have on the practice of law.
November 2014
THE ATLANTA LAWYER
17