eDiscovery is often thought of as a dry and technical process, but it can also be seen as a social justice issue. In recent years, there has been an effort to increase diversity in the legal profession, and eDiscovery software can play a role in leveling the playing field.

Chapter 2: Rule Changes

 

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.

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.”

What should you consider directly after processing?   In order to become self sufficient in eDiscovery, you will have to accept the following facts. 1) Regardless of eDiscovery platform, not all documents can be opened. 2) Regardless of eDiscovery platform, not all documents can be indexed  

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.

An Electronically Stored Information (ESI) Protocol is a negotiated agreement between parties in litigation that governs how relevant electronic documents will be identified, preserved, collected, processed, reviewed, and produced to the opposing party. e Discovery related negotiations typically occur during the FRCP 26(f) Meet and Confer Conference of the Parties (or State equivalent). Courts and case law have made clear that these discussions are ongoing and can even occur in a more informal manner via email, etc. Regardless, the negotiated ESI protocol and relevant deadlines (court provided or otherwise) are binding.

Vetting ediscovery companies can be a daunting task. As your matter case load and the size of matters increases, the gravity of the decision could demand that more stakeholders play a role in the selection process. As an ediscovery software vendor ourselves, we've seen many approaches to the selection of legal vendors. One tidbit we always like to include is YMMV - Your mileage may vary. While we can speak at a high level about our features, pricing, support and how we differentiate ourselves, the reality is that all law firms have their own unique needs. We highly recommend taking a step back to assess the needs of the case and potential future cases. Depending on whether you require a point solution, a couple specific features, or a full suite of offerings, a live demo and 1 hour of your time should be considered a minimum to begin to grasp the capabilities of a given e discovery software offering.

With the ever-expanding amount of Electronically Stored Information (ESI) the concept of proportionality is a critical factor in today’s litigation. While it is difficult to define a “typical” civil case, various sources report the average ESI in a civil case to be 100 GB which equates to 6.5 million printed pages.