I'm not talking about using a portable computer as a trial tool. That has been fairly standard for years. No, this time I'm talking about the typical computer user who brings work home from the office or who sends e-mail. Your home computer could end up in court. With that in mind, some simple precautions can save a considerable amount of grief.

Recent court cases have made it clear that there is a risk that your home computer could be subject to discovery. Generally, either party in a court case can file a request to examine files and records of the other party. The request does not need to be very specific so long as it describes what information is sought. For example, a discovery request for "all Word documents stored on any computer used by Bill Wood for work purposes between June 1, 1999 and June 1, 2000" could be a proper request.

There is a scenario that is even scarier. A party can also require you to make the entire computer available for inspection by the other party and its experts. That method is used to find forgotten or hidden files. It is also used to retrieve files that have been deleted. Remember that with DOS-based machines, merely deleting a file does not erase the content from your hard drive. It is only removed from the list of files. Many programs and techniques are used to recover such files. Although that can be a life saver if you inadvertently delete a file, it can also be very difficult to explain if your adversary finds files on your machine that you said didn't exist. Obviously, it is easier to continue a normal life if you have sufficiently separated the files that might be involved. Keep work-related files away from the home financial files or your child's research for a term paper.

It is true that your lawyer can seek a protective order from the Court that restricts the examination of your computers or files. You can also have the judge restrict the use and dissemination of the information disclosed. But, experience indicates that the judge will allow fairly great latitude in the discovery unless you can provide evidence that there is no evidence to be had. And when your lawyer works for an hourly fee, every trip to court is costly.

How can all of this happen? Recent cases have involved misappropriation of company secrets, criticism of an airline by some of its employees, and e-mails supporting an educational proposal in the recent elections.

The typical rules of courts only require that a request to examine files be reasonably calculated to lead to uncovering relevant information that would be admissible. The requesting party may not even know if a document even exists. It is very simple to ask for all documents in any form or format on a certain subject.

Of course, the problem with mixing work-related files with your home files is that computer users tend to put a lot of information on the same computer. Thus, there is a valid concern that much more than relevant evidence will be uncovered. In the process a lot of your private information will be exposed and your home computer could be out of commission for a significant amount of time. It may then be impossible to get online to pay your monthly bills, not to mention your son or daughter not being able to complete a term paper.

Another potential trip to the courthouse for your computer can come from your e-mail and posting to message boards. In several recent court cases judges have ordered Internet Service Providers to disclose the true identity of account holders that sent e-mail or posted messages to discussion groups. In November 2000, a New Jersey judge ruled that AOL must disclose the name of its subscriber that sent a barrage of e-mail messages connected to a local school board election. While that case involved an unreasonable amount of messages (and one was alleged to contain a virus), it is the first instance I've seen where political speech has been involved in an identity disclosure request. That is significant because courts have traditionally held that anonymous political speech is perfectly permissible.

More frequent requests have surfaced from companies that seek the identity of persons who post opinions about companies that may affect stock prices or that disclose trade secrets. This is a developing area of the law and it will be a while before we know how Internet Service Providers will cooperate. However, it is easy to see the ISP's dilemma. It costs money to protect the identity of its subscribers and there is very little chance that it will be reimbursed for those costs. On the other hand, it can't afford to be seen as a company that doesn't stand up for its subscribers.

How do you deal with these threats? One solution is to get organized. The best solution is to keep your work files at work and not commingle them with your home files. Fat chance. Sometimes the only way we get to see our families in the daylight is to bring work home and open it up after dinner. But, it is still possible to provide some protection.

That is where a laptop and a separate e-mail account can help. Use the laptop when you need to do office work. Use a separate e-mail account to post your legitimate opinions on message boards. If a laptop isn't available, as least set up a separate directory and file for the work-related files. It will make it much easier to comply with the discovery order if all of the information is already segregated from the rest of your files.

Don't misunderstand me. Harassing spam, viruses, and threats are bad and they are often illegal. They should never be conveyed. But, you are entitled to do your work and express your lawful thoughts and opinions in responsible ways. By organizing your computer use you can honestly swear that you did not use your home computer or your home e-mail account. There is no guarantee those steps will keep your home computer and e-mail accounts from the courtroom, but it should help restrict the invasion into your life to the smallest possible inconvenience.