If the courts will not give the defense equal access to evidence, then the only remedy may be to prohibit its use.

I have difficulty when I get disks, thumb drives or even emails from the District Attorney's Office that contain video statements. Some can be opened easily, but many cannot. What can I do about it?

Samuel C. Stretton. Samuel C. Stretton.

Many lawyers, at least in Philadelphia County, have expressed concerns about electronic discovery from the district attorney and the inability at times to access it or print it out fully.  This is more pronounced for the older lawyer because their skills with technology aren't as good as those who were weaned on it from the day they were born.

All lawyers do have a duty to maintain—as best they can—knowledge in modern technology. The Rules of Professional Conduct require that. Rule 1.1 requires a lawyer to maintain competence in the law. Comment 8 to that rule states as follows: "To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and his practice, including the benefits and risks associated with relevant technology, engaging and continue to study in education, and comply with all the continuing legal education requirements to which the lawyer is subject."