Mobile devices have become the center of modern life—personally, socially, and professionally. For today’s law students and early-career attorneys, that reality is second nature. Their phones aren’t just communication tools—they’re calendars, message hubs, document repositories, and, in many cases, the primary way business gets done.
But while behavior has evolved, discovery practices haven’t fully kept up.
In a recent episode of In Discovery Mode, ModeOne’s Chief Innovation Officer, Ryan Frye, sat down with Jamie Berry, Vice President and General Manager at Evolver, to discuss the growing disconnect between how people use mobile devices and how legal teams approach collecting data from them.
The takeaway is clear: treating mobile devices like traditional evidence sources is no longer sustainable—and it may be creating more risk than it solves.
You’re Not Asking for a Phone—You’re Asking for Their Life
One of the most important shifts in thinking comes down to perspective.
When legal teams request access to a mobile device, they’re not just asking for data—they’re asking for access to someone’s entire digital life. Personal messages, photos, financial information, health data, and private conversations all live alongside potentially relevant business communications.
That reality creates immediate tension.
For custodians, handing over a phone isn’t a minor inconvenience—it’s invasive. For legal teams, it introduces unnecessary risk, including overcollection, privacy concerns, and the potential exposure of irrelevant or sensitive data.
And for newer attorneys—many of whom have grown up with their phones as an extension of themselves—this disconnect is especially obvious.
The Problem with Full-Device Imaging
For years, full-device imaging has been treated as the default approach to mobile data collection. But as mobile usage has evolved, the limitations of that approach have become harder to ignore.
Full imaging often results in:
- Overcollection of irrelevant data
- Increased privacy exposure
- Higher costs for processing and review
- Resistance from custodians
- Unnecessary disruption to daily workflows
In many cases, it’s not just inefficient—it’s counterproductive.
As discussed in the episode, there are certainly scenarios where full forensic imaging is appropriate, particularly in deep investigations. But those situations are the exception, not the rule.
For most matters, collecting everything simply isn’t necessary to find what matters.
Targeted Collection Is Becoming the Standard
Instead of asking for entire devices, leading legal teams are shifting toward a more precise approach: targeted data collection.
That means starting with better questions:
- What are we actually looking for?
- Where does that data live?
- How can we collect it in a defensible way?
By focusing on relevant data sources—specific apps, date ranges, or participants—teams can significantly reduce the volume of collected data while improving efficiency and defensibility.
This approach doesn’t just benefit legal teams—it improves the experience for custodians as well.
When individuals understand that only relevant data is being collected—not their entire digital footprint—they’re far more likely to cooperate. That trust is critical, especially in high-stakes matters where transparency and defensibility matter most.
Trust, Not Friction, Drives Better Outcomes
One of the most overlooked aspects of mobile discovery is the human element.
Traditional collection methods often create friction. Asking someone to hand over their phone for hours—or longer—disrupts their work, creates anxiety, and can erode trust before the process even begins.
Targeted collection changes that dynamic.
It allows legal teams to approach discovery more collaboratively—positioning themselves not just as legal advisors, but as trusted partners who are balancing investigative needs with personal privacy and business continuity.
For newer attorneys, this mindset is especially important. As Jamie Berry noted, those who understand how to approach data strategically—and communicate that approach effectively—quickly become invaluable within their organizations.
What Law Students (and New Attorneys) Are Missing
While the legal industry is heavily focused on AI, automation, and emerging technologies, there’s a foundational gap that often gets overlooked: understanding where data lives and how to collect it properly.
Many law students still graduate without a deep understanding of:
- Modern data sources (beyond email and documents)
- The role of mobile devices in discovery
- The difference between full imaging and targeted collection
- How to scope data defensibly before collection begins
That gap creates risk—but it also creates opportunity.
Attorneys who understand mobile data, ask better questions, and take a more strategic approach to collection are better positioned to serve their clients, control costs, and build trust.
Aligning Discovery with Reality
The future of discovery isn’t about collecting more—it’s about collecting smarter.
As mobile devices continue to play an even larger role in business and communication, legal teams need to evolve their approach. That means moving away from defaulting to full-device imaging and toward targeted, defensible collection strategies that reflect how people actually live and work today.
Because in modern discovery, the goal isn’t to collect everything.
It’s to collect what matters—without taking what doesn’t.