The Challenges of Managing Email and Attachments in eDiscovery DWR recently examined our 2000 recent matters comprising over 150 million document records and found a not so surprising result: Email and attachments make up 80% of the total documents. Applying the 80/20 rule to eDiscovery suggests that the most important features in any eDiscovery offering require a robust and efficient system to handle analysis and management of email

What is Attorney-Client Privilege Attorney-client privilege is a legal concept that protects the confidentiality of communications between an attorney and their client. It is an important legal principle that encourages open and honest communication between clients and their lawyers. The privilege ensures that clients can freely discuss their legal matters with their attorneys without fear of their discussions being used against them in court. To establish attorney-client privilege, certain conditions must be met. First, there must be a confidential communication between the attorney and the client. This means that the communication must be intended to be private and not shared with anyone else. Second, the communication must be made for the purpose of seeking legal advice or representation. Finally, the privilege must be claimed and not waived by the client. Exceptions to Attorney-Client Privilege While attorney-client privilege is a fundamental principle, there are certain exceptions where the privilege may not apply. These exceptions allow for the disclosure of privileged information in specific circumstances. It is important to be aware of these exceptions to fully understand the limits of attorney-client privilege. Crime or Fraud Exception The crime or fraud exception is an important limitation of attorney-client privilege. Under this exception, if a communication between an attorney and a client is in furtherance of a crime or fraud, the privilege does not apply. This means that the communication can be disclosed and used as evidence in court proceedings. Third-Party Presence Exception The third-party presence exception is another limitation to attorney-client privilege. This exception applies when a third party is present during a communication between an attorney and a client. If a third party is present, the privilege may not apply, as the presence of a third party can potentially waive the privilege. Waiver of Attorney-Client Privilege Waiver of attorney-client privilege occurs when a client voluntarily discloses a privileged communication to a third party. Once the privilege is waived, the disclosed communication can be used against the client in court proceedings. It is essential for clients to understand the consequences of waiving their privilege and to make informed decisions regarding the disclosure of privileged information.

In an era dominated by digital information overload, the significance of effective eDiscovery analysis has surged. In this article, we are going to delve together into the intricacies of eDiscovery analysis and shed light on the pivotal role played by eDiscovery data analysts.

Email, the cornerstone of contemporary communication, facilitates billions of daily exchanges for personal and business purposes. However, managing and retaining this vast volume of emails poses challenges, particularly concerning legal and compliance obligations.

Early Case Assessment (ECA) is an essential process in the field of litigation management and eDiscovery. It involves the initial evaluation of a legal case to determine its strengths, weaknesses, risks, and potential costs. By conducting ECA, legal teams can make informed decisions and develop effective strategies for handling the case.

In the digital age, data is king. Companies large and small have learned the importance of safeguarding their data and ensuring that they can access it when needed.

In the legal profession, eDiscovery has become one of the most expensive and time-consuming aspects of litigation. Nationally, the American Bar Association (ABA) estimates that document review alone accounts for more than 80 percent of total litigation spending.

The Federal Rules of Civil Procedure (FRCP) guide legal teams with the ground rules that govern eDiscovery. Unfortunately, the process of electronic discovery is hardly straightforward or simple.

In the 20th century, Discovery obligations were delivered as printed pages for 5-10 cents per page. Tagging and organization of documents as legal facts were achieved primarily through post-it notes on copies of paper assembled in conference rooms also known as War Rooms.

FRCP #1 is Clear: “These rules govern the procedure in all civil actions and proceedings in the United States ….. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

The Association of Certified E-Discovery Specialists (ACEDS), the world’s leading e-discovery training and certification professional association and part of The BARBRI Group, today announced the renewal of their strategic partnership with Digital WarRoom.

Cybercrime continues to cast a large shadow across the legal community, especially when it comes to ransomware. Within a single 24-hour period alone, three law firms were targets of such cybercriminal exploits, resulting in stolen data and the potential for sensitive information to be posted in public forums.

TechnoLawyer Exclusive Interview With Digital WarRoom Co-Founders Dan & Bill Gallivan: "Making eDiscovery Accessible, Safe and Profitable for Law Firms of All Sizes" Download the White Paper here.

For many years, litigators have relied on the probative value of document metadata to define gross relevancy, pinpoint the who what and when of essential facts and shape ESI request before during and after 26(f) conferences. More recently, our legal community has employed artificial intelligence to analyze document metadata and complex word associations (word vectors) and predict what is important and relevant to the resolution of our clients' disputes. It doesn’t matter what you call our new document and metadata analysis tools; Artificial intelligence (AI), Predictive coding or TAR 2.0, the results are clear. New technologies allow litigators to deliver more effective, efficient and inexpensive dispute resolution. Document metadata and AI has moved us 1 step closer to the prime directive of civil procedure, Rule #1, Just, Speedy and Inexpensive client services.