Tom O’Conner is an attorney, educator, and well respected electronic evidence expert. He has also written three books on legal technology and worked as a consultant or expert on computer forensics and electronic discovery in some of the most challenging, front page cases in the U.S.
CHAPTER 3: COOPERATION During the same time period that the original changes to the FRCP were being implemented, some complimentary efforts were being undertaken by the Sedona Conference (hereinafter Sedona), a nonpartisan law and policy think tank. Sedona published the first edition of The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production in 2004 and the document became influential in the eventual recommendations of the FRCP advisory committee. The second amended version of The Sedona Principles was released in July of 2007 and a third edition was released in 2018, then updated in 2019.
Digital WarRoom created and updates GIST, a TAR 2.0 coding tool, often characterized as an AI tool. In the last five years, Digital WarRoom customers have primarily used GIST as a document review prioritization tool. In this article, Tom O'Connor, our favorite critic, debunks heavy reliance on tools that claim to have AI, noting that legal strategy must necessarily rely on attorney intelligence (AI).
on Mon, Jun 28, 2021 By |
Tom O'Connor
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In 2010, noted e-discovery consultant Craig Ball wrote a fascinating article in Law Technology News entitled "E-Discovery for Everybody." That column came to be known as the "Edna Challenge" because in it, Craig posited a solo practitioner named Edna with an e-discovery budget of $1,000 and asked how she could possibly perform any e-discovery on that amount.
on Mon, Apr 19, 2021 By |
Tom O'Connor
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I always like to wait a few days before I review a big tech conference to let the impact settle in. And not just for me but for attendees and exhibitors as well. That said, here’s my thoughts on the ABA Techshow 2021
A week ago at this time, I thought I would spend today flying to Gainesville Florida to speak at the 8th Annual University of Florida Levin College of Law E-Discovery Conference. But on Wed March 11th, the Florida University system ordered all of their schools to shut down and by Friday the 13th Professor Bill Hamilton, University of Florida Levin College of Law Skills Professor and Executive Director of the International Center for Automated Information Retrieval at the law school, who leads the conference, was forced to send the following email to all the faculty:
I was originally going to call this review of the Techshow “Why the ABA Techshow is like Mardi Gras” until Reid Trautz, the Director of the Practice and Professionalism Center at the American Immigration Lawyers Association And Chair of the Techshow in 2012) told me he overheard one attendee say this to another at an escalator at the show. Although I think the Mardi Gras comparison is a good one (crowds, excitement, good food among the reason) I find the Woodstock comparison even better. Here’s why.
I recently attended the Law.com Legaltech conference in New York. The first conference was in 1990 and I’ve been there as either a speaker or an attendee for roughly 25 years (with a stint somewhere in the middle as a member of the Advisory Board) so it has been interesting to watch its evolution. The latest phase of that development is the concept of Legalweek with Legaltech placed in the center (Tuesday, Wednesday and Thursday) of several other overlapping events with a similar legal technology focus.
ORIGINAL STANDARD Discussions about electronic discovery have traditionally focused on civil matters because civil cases have historically been more document intensive and thus that discovery process has been more richly nuanced. In addition, when criminal matters do have relevant documents, the discovery standard has been the so-called Brady rule, named after the landmark Supreme Court ruling Brady v. Maryland (373 U.S. 83 (1963) which held that a prosecutor is only required to share evidence deemed exculpatory of the defendant.
Several months ago, the good folks at Digital War Room asked me to write several blog posts on technology topics that they wished to address. One of those topics was this one, and when it came up in our discussion, I said I was sure it would be topical because I fully expected it to be addressed in a conversation with a client before the end of the year. When I was asked why I could be so certain of that, I replied “because it’s come up at the end of each year for the past 4 or 5 years.”
Artificial Intelligence has become the biggest buzz word in legal technology since, well the last biggest buzzword. ECA, TAR, Blockchain, Analytics, Big Data, Collaboration, Disruption, Innovation. Every 6 months we have a new “big thing” and right now it’s AI.