The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal proceedings with the use of modern technology in all areas of criminal and civil procedures. This book focuses on the current provisions of UNCITRAL, the European Union, Germany and Vietnam concerning electronic evidence in civil and commercial dispute resolution. It analyses the notion and the basic aspects of evidence and electronic evidence and explores the process of finding electronic evidence. Further, it discusses how the effectiveness of finding electronic evidence can be reconciled with a respect for fundamental rights, in particular with personal privacy and personal data protection. The book subsequently addresses the authentication and admissibility of electronic evidence; the evaluation of electronic evidence and the burden of proof; and the challenges of using electronic evidence in civil and commercial dispute resolution. Finally, it puts forward proposals for promoting the use of electronic evidence in these contexts. As the book focuses on the current texts of UNCITRAL and the civil procedure legislation of the European Union, Germany and Vietnam, it relies on a comparative method which deals with the most significant provisions of the above legislation.

Section 1: What is Digital Forensics? Chapter 1. Digital Evidence is Everywhere Chapter 2. Overview of Digital Forensics Chapter 3. Digital Forensics -- The Sub-Disciplines Chapter 4. The Foundations of Digital Forensics -- Best Practices Chapter 5. Overview of Digital Forensics Tools Chapter 6. Digital Forensics at Work in the Legal System Section 2: Experts Chapter 7. Why Do I Need an Expert? Chapter 8. The Difference between Computer Experts and Digital Forensic Experts Chapter 9. Selecting a Digital Forensics Expert Chapter 10. What to Expect from an Expert Chapter 11. Approaches by Different Types of Examiners Chapter 12. Spotting a Problem Expert Chapter 13. Qualifying an Expert in Court Sections 3: Motions and Discovery Chapter 14. Overview of Digital Evidence Discovery Chapter 15. Discovery of Digital Evidence in Criminal Cases Chapter 16. Discovery of Digital Evidence in Civil Cases Chapter 17. Discovery of Computers and Storage Media Chapter 18. Discovery of Video Evidence Ch ...

Hiding Behind the Keyboard: Uncovering Covert Communication Methods with Forensic Analysis exposes the latest electronic covert communication techniques used by cybercriminals, along with the needed investigative methods for identifying them. The book shows how to use the Internet for legitimate covert communication, while giving investigators the information they need for detecting cybercriminals who attempt to hide their true identity. Intended for practitioners and investigators, the book offers concrete examples on how to communicate securely, serving as an ideal reference for those who truly need protection, as well as those who investigate cybercriminals. Covers high-level strategies, what they can achieve, and how to implement them Shows discovery and mitigation methods using examples, court cases, and more Explores how social media sites and gaming technologies can be used for illicit communications activities Explores the currently in-use technologies such as TAILS and TOR that help with keeping anonymous online

A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, “other crimes” evidence, and other key topics. New to the Fifth Edition: New sections on machine-generated proof, digital forensics, and authenticating electronic evidence New materials on confrontation and hearsay, character evidence in sexual assault and child molestation cases, DNA evidence, social science evidence, “other crimes” evidence, and other key topics Excerpts from more than 50 new cases and 20 new articles New problems and editorial material throughout Professors and students will benefit from: Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor’s preferences. Comprehensive coverage with a wide range of perspectives. Text that is written with clarity and concision and includes well-selected and tightly edited cases. A balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication. Well-written introductory materials that identify key issues, important distinctions, and common sources of confusion.