Civil Litigation Discovery: Best Virtual Paralegal Tips

The Problem: Why "Just Text It" Destroys Evidence

Clients often default to the easiest method of sharing photos: text messaging (SMS/MMS) or apps like WhatsApp and Facebook Messenger. While convenient, these platforms are disastrous for evidence collection.



To save bandwidth and protect privacy, these services compress files and strip out Exchangeable Image File Format (EXIF) data. This metadata contains details crucial for authentication, such as:

• Date and time the photo was taken.
• GPS coordinates (geolocation).
• Device make and model.

Without this metadata, authenticating the image in court becomes significantly harder. Best Virtual Paralegal ensures clients understand why they cannot just text a photo and guides them through the proper transfer protocols.

How We Get Photos with Metadata Intact

To ensure the evidence holds up in court, we instruct your clients to use one of the following methods to transfer original files directly from their device.

1. Cloud Storage Services

The most reliable method is for the client to upload the original files to a secure cloud storage service and share a folder link.

• Examples: Google Drive, Dropbox, Microsoft OneDrive, WeTransfer.

2. Email as an Attachment

For smaller batches, email is effective, provided specific instructions are followed.

• The Rule: Photos must be attached as files, not inserted as "inline" images in the body of the email.

• The Setting: We advise clients to select "Actual Size" or "Original Size" if prompted by their mail app to prevent automatic compression.

3. Send as a "Document" (via Messaging Apps)

If a client must use a messaging app, Best Virtual Paralegal instructs them to avoid the standard photo gallery icon.

• The Solution: The client should select the "Document" or "File" attachment option. This bypasses the app’s compression algorithms and sends the raw data.

4. Zipped Files

We can guide tech-savvy clients to compress photos into a .zip file on their phone or computer before sending. This preserves the container’s contents and associated metadata during transit.

5. Direct USB Cable Transfer

The most secure way to preserve data integrity is a manual transfer. The client connects their phone or camera directly to a computer via USB cable to offload the files.

Producing the Photos to Opposing Counsel

Once Best Virtual Paralegal has retrieved the authentic files, we shift to verification and production. Here is the standard workflow we manage to keep your civil litigation discovery compliant:

Verify the Metadata

Before anything is produced, we check the data. Using software tools like ExifTool or Adobe Bridge, we examine the images to confirm that necessary timestamps, geolocation, and device info are present.

Document the Chain of Custody

Credibility is key. We keep a record of how the original files were collected and verified to maintain the evidence's credibility.

Produce in Native Format

Electronic evidence should generally be produced in its native format.

• The Format: We prepare photos as .JPG (or their original raw format).

• The Supplement: We can also provide a separate document detailing the metadata, potentially with screenshots of the extraction process, to ensure clarity for all parties.

Correcting Past Productions

If previous photos were produced without metadata (due to text message transfers), Best Virtual Paralegal can draft correspondence to opposing counsel. We will inform them that the previous versions were inadvertently stripped of metadata due to transfer methods and that the new production contains the complete, original data.

Summary

Leveraging Best Virtual Paralegal transforms the chaotic process of data collection into a streamlined, forensically sound workflow. By ensuring photos are collected with metadata intact, we protect the integrity of your case and allow you to focus on litigation strategy rather than tech support.



Client Resource: Photo Transfer Checklist

Below is a template you can copy and paste into an email or letter to your clients.

Instructions for Sending Photos for Your Case

IMPORTANT: To use your photos as evidence, we need the "hidden" data inside them (date, time, location). Please do NOT text photos or send them via Facebook/Instagram, as this deletes that data.

Please use one of the methods below to send your photos to our office.



✅ Method 1: Cloud Upload (Preferred)

• Upload your photos to Google Drive, Dropbox, or OneDrive.

• Share the link to the folder with our email address.

✅ Method 2: Email (For 1-5 Photos)

• Open your email app and start a new email.

• Click the Paperclip Icon (Attach).

• Select the photo from your library.

• Crucial Step: If your phone asks what size to send, ALWAYS choose "Actual Size" or "Original Size."

• Note: Do not paste the photo into the text box; it must be an attachment.

✅ Method 3: WhatsApp (If necessary)

• Open the chat with us.

• Do NOT click the Camera or Photo icon.

• Click the + or Paperclip icon.

• Select "Document".

• Find your photo and send it. This sends it as a file rather than a picture, keeping the data safe.

✅ Method 4: USB / Computer

• Plug your phone into your computer using your charging cable.

• Copy the photos from your phone folder to your computer desktop.

• Email the files from your computer or put them on a USB drive to bring to the office.

Questions?

If you are unsure how to do this, please contact the firm before sending. We are here to help ensure your evidence is preserved correctly.