News and Events

Michaud Speaks on E-Discovery and Social Media Attitudes in New Hampshire
Author News Admin
December 21st, 2016
Not a stranger to issues involving e-discovery and the use of social media in the law, CullenCollimore's Shelagh Michaud was recently interviewed by the New Hampshire Bar News in an article, Attitudes on e-Discovery Evolving in NH, about New Hampshire attorneys' attitudes toward e-dscovery and the use of social media in the practice of law.  As the article notes, cost and knowledge are the primary barriers to acceptance of the need for and use of e-discovery.  In addition, the growing misconception that social media is a less effective tool today when people are more aware of privacy settings also lessens the use of that tool.  “It hasn’t been a major issue in New Hampshire, and therefore people haven’t made it an issue. New Hampshire Ball Bearings was a large case, and perhaps that should’ve been the warning shot, but there haven’t been more really large reported cases, so people feel comfortable that they can continue without it,” says Michaud. “Some attorneys just don’t want to deal with it. They don’t always understand it, and they really don’t know what to ask for. If there’s an important email, they print it out.”  Regardless of whether attorneys in New Hampshire want to use e-discovery, e-discovey is an integral part of the practice of law.  It is not a passing phase, but instead is a reality which becomes more and more important as the use of technology increases in all aspects of life.  New Hampshire has adopted rules which govern e-discovery and attorneys more and more are accepting it as a part of the practice of law.  “In New Hampshire, it’s not going to cut it to go to the court and have the court decide which search terms we’re going to use,” says Michaud, of CullenCollimore. “I’d rather work with people cooperatively, and e-discovery is really at its best when it’s done cooperatively. It’s better for the client, it’s better for the court and, in the end, it’s better for the process.”

The fulle article is available on the New Hampshire Bar Association website at:  https://www.nhbar.org/publications/display-news-issue.asp?id=8652
For more information, please contact Shelagh at 603.881.5500 or at smichaud@cullencollimore.com