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Once I was an articling scholar, my principal Jack Pinkofsky used to at all times say: “Footprints in. Footprints out.”
Jack would use this analogy to explain how all the pieces inside prison instances leaves a hint. Proof is merely a product of direct or circumstantial connections, or, “footprints’. Monitoring these footprints was the laborious half. In 2017, these footprints have turn into much more ubiquitous, but additionally extra elusive except you recognize the place to look. For those who do, the monitoring is now digital, not terrestrial.
In all places we go, we depart digital impressions. Our telephones transmit knowledge and data that’s astounding, and overwhelmingly unknown by their customers. Fb updates, Instagram posts, tweets, chats, and tales. We’re nearly at all times transmitting knowledge of some type. And even when we’re not transmitting knowledge, the absence of footprints additionally speaks volumes. Digital silence might result in sturdy inferences of once we have been travelling, once we have been sleeping, and once we might have turned our cellphone off (maybe for the very causes the prosecution is alleging).
As legal professionals, it’s essential to have the ability to information our purchasers by means of this terrain. To advise them not solely on the footprints they depart, but additionally the best way to discover these prints ought to they show helpful. Equally, we should be cautious that we don’t create our personal footprints that will serve to their detriment.
This text units out to offer 7 easy and sensible ideas as we monitor, advise, and defend.
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