Getting Digital Evidence Right with Tim Conlon

Concepts: Trial Strategy; Legal Tech

Mobile phones, social media, cloud storage, and email sit at the center of modern fact-finding, but, to their detriment and that of their clients, attorneys often misunderstand or underuse this data.

Practitioners may not realize that client-provided screenshots are often forensically weak, or that texts and social media can easily be forged or manipulated. That means lawyers and courts need to better understand authenticating, preserving, and challenging electronic evidence.

In this episode, I speak with attorney and author Tim Conlon about how litigators can be more effective by gaining a deeper understanding of the space where evidence gathering and technology intersect.

Through case examples—including comparisons of computer and cloud backups, comparing data saved at different points in time, analysis of missing and altered files, and tracking email migrations from official to personal accounts—Tim shows how straightforward digital forensics techniques can expose concealment, manipulation, and institutional failures.

Tim is a Partner at DarrowEverett where he focuses on complex family court litigation and civil cases on behalf of children abused in the care of others, with particular emphasis on cases where electronic evidence and digital assets play a central role.

He has handled matters at the forefront of litigation, from computer crime investigations in the 1980s to chairing and resolving Rhode Island’s clergy abuse cases on behalf of dozens of victims. Since the late 1980s, he has used electronic evidence to uncover hidden assets and misconduct, including forcing the division of more than $16 million in cryptocurrency shortly before the 2022 crypto crash.

Tim is a frequent lecturer on electronic evidence, trial technology, and advanced litigation issues, and is widely published and quoted in national and regional media. He is the co‑author of Electronic Evidence for Family Law Attorneys (American Bar Association, 2017) and is currently completing an ABA book on cryptocurrency and digital assets, continuing his work at the intersection of technology and modern litigation.

Thanks to Tim for sharing his insights!

I hope you enjoy the conversation! If so, give us a rating!

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
LinkedIn

podcast logo face



Want to appear on the Emerging Litigation Podcast?




Send us your idea! 




It's possible it could make this man smile. But let's not get ahead of ourselves.


Timothy J. Conlon
Timothy J. ConlonPartner, DarrowEverett
Tim Conlon is a Partner at DarrowEverett LLP and Practice Leader of the firm’s Private Client Group, as well as Co-Chair of its Family Law Practice. He focuses on complex family law matters and civil litigation involving child abuse, representing clients in high-net-worth divorces, cases involving business assets and trusts, and claims arising from institutional misconduct.


With a career spanning more than three decades, Tim has handled significant cases at the forefront of both family law and abuse litigation, including leadership in Rhode Island clergy abuse matters. He is a frequent commentator in national media and has extensive experience using electronic evidence in litigation, including matters involving digital assets and cryptocurrency. He earned his J.D. from Vanderbilt University School of Law.