…as well as your keychain drives, backup tapes, laptops and network servers. New rules of federal procedure will make it more likely that a litigation opponent will show up on your doorstep with such a demand. (Martha Neil, “Opponent Computer Searches Likelier Under Revised Civ Pro Rule”, ABA Journal, Mar. 12; Nolan M. Goldberg, “Is Your Data Wide Open to Your Opponent?”, National Law Journal, Mar. 12).
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In procedure; technology
One should always demand the personal and business computers and gadgets of the adverse lawyer. One is looking for evidence of an improper motive. The lawyer is responsible for the removal of privileged communication, at his own cost.
If one happens to find child porn, or other evidence of misconduct, one should have the courtesy to privately discuss how to handle that discovery with the adverse lawyer. The lawyer one’s side has duties to report unprofessional conduct.