A Guide to Forms of Production

Ball in your Court

forms_iconSemiannually, I compile a primer on some key aspect of electronic discovery.  In the past, I’ve written on, inter alia, computer forensics, backup systems, metadata and databases. For 2014, I’ve completed the first draft of the Lawyers’ Guide to Forms of Production, intended to serve as a primer on making sensible and cost-effective specifications for production of electronically stored information.  It’s the culmination and re-purposing of much that I’ve written on forms heretofore along with new material extolling the advantages of native and near-native forms.

Reviewing the latest draft, there is still so much I want to add and re-organize; accordingly, it will be a work-in-progress for months to come.  Consider it something of a “public comment” version.  The linked document includes exemplar verbiage for requests and model protocols for your adaption and adoption.  I plan to add more forms and examples over time.

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The Importance of Cybersecurity to the Legal Profession and Outsourcing as a Best Practice – Part Two

e-Discovery Team ®

Attorney_client_data-protection This is part two of this article. Please read part one first .

4. Risk. Risks of error are inherent in Lit-Support Department activities. What they do is often complex and technical, just like any e-discovery vendor. So too are risks of data breach. There is always a danger of hacker intrusions. Just ask Target.

Do you know what your exposure is for a data breach? What damages could be caused by the accidental loss or disclosure of your client’s e-discovery data? How many terabytes of client data are you holding right now? How much of that is confidential? What if there is an ESI processing error? What if attorney-client emails were not processed and screened properly?

_data_breach_cost_by_typeMistakes can happen, especially when a law firm is operating outside of its core competency. What if an error requires a complete re-do of a project? What will that cost the firm? You cannot…

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The Importance of Cybersecurity to the Legal Profession and Outsourcing as a Best Practice – Part One

e-Discovery Team ®

Cyber_security_wordsCybersecurity  should be job number one for all attorneys. Why? Because we handle confidential computer data, usually secret information that belongs to our clients, not us. We have an ethical duty to protect this information under  Rule 1.6 of the ABA Model Rules of Professional Conduct . If we handle big cases, or big corporate matters, then we also handle big collections of electronically stored information (ESI). The amount of ESI involved is growing every day. That is one reason that Cybersecurity is a hard job for law firms. The other is the ever increasing threat of computer hackers.

Chinese-cyber-warThe threat is now increasing rapidly because there are now criminal gangs of hackers, including the Chinese government, that have targeted this ESI for theft. These bad hackers, knows as crackers, have learned that when they cannot get at a company’s data directly, usually because it is too well defended, or too…

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Growing Importance of Non-Litigation Services in Electronic Discovery Law

e-Discovery Team ®

war-and-peace On a high level the practice of e-discovery law is divided into two different types of services, litigation and non-litigation. That is also the way most law firms are divided. It’s like War and Peace. The more traditional e-discovery legal services are those involved with litigation. But there are also e-discovery legal services that are outside of litigation. Most are concerned with preparation for litigation and production demands, to be sure. But they are not part of any suits or subpoenas. I refer to these non-litigation services as  litigation readiness services, primarily because I have spent my professional life on the War side. I am a career litigator, and so tend to see everything from that perspective.

Observation and Prediction

ranking_graphWith this duality in mind I can share an observation. In the past decade there has been tremendous growth in all types of legal services in electronic discovery law. But…

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DC based Firm with 300+ Lawyers seeks a Litigation Systems Engineer

Legal Times has said they are the ‘Best of the Best’ when it comes to “High-Stakes Litigation.” 

The Litigation Systems Engineer will support the Firm’s Legal Technology platform and Lit Support Applications. The Firm’s Relativity platform is based on-site with a 20+ Windows server farm. The servers must be patched & maintained. SQL Scripting skills will help with Relativity support. You’ll also spearhead upgrades for other Legal Apps like iPRO, CaseNotebook, & Concordance. 

The successful candidate will:

• Have 5+ years relevant experience with practice support technology & processes 
• Must be highly experienced in using and supporting electronic review platforms, SQL databases & practice support tools (such as Relativity, Concordance, Case Notebook, Case Map, Time Map, IPRO & others);
• Have experience with Windows 7/8, Server 2008/2012, Access & SQL; 
• Possess strong customer service and leadership skills, demonstrate initiative and a desire to consistently improve technology solutions;
• Relativity-Certified Administrator preferred.
• Flexibility to work additional hours.
• Pays 100-120K plus full benefits in a notoriously stable Firm

Call me ASAP to discuss!!! Referrals are appreciated!!


Good Questions!

Ball in your Court

A Peep into our Mail BagDigging into the digital mail bag (there’s a skeuomorph for you), I received a series of thoughtful questions from a reader ready to dip his toes into the bracing waters of native production but harboring some of the same nagging concerns others raise when they ponder how to integrate native production into workflows born of legacy paper processes.

Here were the questions:

What is the exact difference between native and near-native?  My big concern with producing natively is from what I’v’e read about the risks related to metadata/privilege and how to go about using native data at depositions and in court.  Are those concerns that can be dealt with simply?  Finally, how do you go about producing natively?  I presume by uploading data to an ftp site for the parties to access?  Are there other ways?

I replied:

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EDiscovery leaders and career opportunities highlighted by US legal publications

eDisclosure Information Project

Electronic Discovery / eDisclosure is a new discipline. It has passed the Wild West stage but it is still new enough and small enough that the contribution of its founding members can be recognised with the perspective of time. Three US legal publishing companies have produced lists recently of individuals whose contributions have helped shape the industry.

What value lies in reciting other people’s lists? I hear you ask. Well for one thing, my coverage is selective, with a bias towards people I know or have some connection with. For another, two of these articles are not readily available and it is not open to me to just link to them. Third and more importantly, I am keen to encourage people to see a promising career path in eDiscovery; we can’t all be Laura Kibbe or Andrew Sieja, but we can see opportunities in this young and growing business…

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