Are Your Client's Text Messages Ready for Litigation? Harmony Mappes Explains Data Retention in Indiana Lawyer

Billions of text messages are transmitted throughout the world on any given day, but how many of those messages will end up as evidence in litigation? Harmony Mappes, an associate in the firm's business litigation group, was quoted in the Indiana Lawyer on the age-old practice of document preservation in litigation cases, and how the same practices can be applied to new and changing technologies.

“It’s definitely important to address this early when you go through litigation hold,” said Mappes, “Take steps to preserve those messages like you would any other documents.”

Mappes said taking a screenshot of text messages or photocopying texts displayed phone should be considered the minimum of information preservation. In many instances, data would likely need to be retrieved from the device and stored electronically to prove messages are authentic.