This program explores how data from mobile devices, computers, and other digital sources can play a critical role in resolving disputes in probate and estate matters.

As digital communication becomes embedded in daily life, attorneys must understand what information can be recovered from a decedent’s or fiduciary’s digital footprint and how that evidence can affect claims involving capacity, undue influence, asset concealment, and fiduciary misconduct. The program examines the types of digital artifacts that often lie beneath the surface, including deleted or hidden data, and explains how such evidence can be defensibly collected and analyzed.

Participants will learn what forensic analysis can reveal, how to collect digital evidence in a manner that satisfies evidentiary authentication standards, and the practical limitations of forensic recovery. The program also addresses an attorney’s ethical duty of technical competence and highlights real-world examples where digital forensics has been used effectively in litigation.