Mobile device data has become a central source of evidence in both civil and criminal cases, with smartphones containing vast amounts of information such as messages, photos, emails, and location history that can influence case outcomes. The article explains that while digital evidence is now involved in most legal matters, traditional approaches like full forensic imaging often collect far more data than necessary—especially in civil cases—leading to higher costs, privacy concerns, and increased risk of exposing irrelevant or sensitive information. Instead, the American Bar Association emphasizes a more targeted and proportional approach to data collection, balancing efficiency, legal defensibility, and privacy while still preserving relevant evidence.

Summary of: American Bar Association, Law Technology Today, “Collecting Mobile Data in Legal Cases” [americanbar.org]