As part of the e-discovery process, keywords can be used to search hard drives, e-mail storage, thumb drives, discs and servers. Keywords can be useful in identifying potentially relevant documents. But practitioners should be aware-particularly when permitting searches within their own systems-that privacy issues beyond the scope of the litigation may be implicated. Privacy concerns arise in the medical field, and in employment law, to name just two. Practitioners must be aware of the law that applies to their clients. Protective orders help to preserve privacy, but practitioners should also be aware of the laws that protect privacy in any database being searched. Competent representation requires this. Minn. R. Prof. Cond. 1.1 (2018).
Trial Practice involves questions about authenticity and how a practitioner may prove that a document is what the advocate claims.