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E-Discovery and Digital Evidence in Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Doug Austin, a seasoned expert in e-discovery with over 30 years of experience. Doug shares his deep knowledge of how electronic discovery (e-discovery) is applied in litigation, particularly in family law and divorce cases. Doug, the founder of eDiscovery Today, explains the increasing importance of handling digital evidence such as text messages, Slack messages, and mobile device data in divorce cases.

Doug and Ryan dive into the challenges of discovering hidden or altered digital evidence, especially in cases involving financial misconduct or infidelity. They also explore how mobile devices track location information and how chat platforms like Slack and text messaging apps are becoming more commonly requested during e-discovery. 

This episode is a must-listen for family law attorneys navigating the complexities of e-discovery in divorce cases, providing actionable insights on how to handle digital evidence effectively.

Guest Information
Doug Austin is a thought leader in e-discovery with over 30 years of experience in legal technology consulting and e-discovery best practices. He is the founder of eDiscovery Today, a blog focused on the latest trends, case law, and technology in e-discovery. Doug also provides consulting services and regularly shares his expertise at conferences and webinars.

Episode Outline

Introduction to E-Discovery in Family Law
What e-discovery is and its growing role in divorce and family law cases.

The Role of Mobile Devices in Divorce
How location tracking, messages, and other data stored on mobile devices can become key evidence in family law cases.

Case Study: Slack Messages in Divorce
A discussion on a recent case where Slack messages were deemed relevant and discoverable in a divorce case, and what this means for future e-discovery in family law.

Spoliation and the Risks of Deleting Digital Evidence
What happens when digital evidence is deleted or tampered with, and the potential legal consequences for spoliation in family law cases.

Best Practices for Divorce Attorneys in E-Discovery
Doug’s tips on how family law attorneys can manage and preserve digital evidence, including the use of secure cloud-based systems and two-factor authentication.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.