In This Issue
By Chuck Kellner, SVP, Advisory and Engineering Group
Besides getting a good idea about the facts of your case and the value of potential witnesses, a good client interview helps you get a cost-effective review and a proportionate discovery response. A good interview is an under-appreciated, but highly effective tool in managing the cost of discovery.
What makes a good eDiscovery interview?
1. Use your case, not a template. A lot of interview templates are just supersets of questions you can possibly ask. They have little to do with your client or case. If you?re going to use a template to help you with interviews, think first about your client, your case, and your custodian. What work did you do? Who did you do it with? What files did you make or receive? What emails did you make or receive? What copies did you make? Where was your desk then? What computers did you use? What software(s) did you use?
2. Ask about words, names and dates. You conduct interviews because you want a narrative about who did what, when and why, preferably in chronological order. You want the chronology to help you evaluate for potential witnesses and to evaluate the strength of your client?s case. Along the way you should ask about what words or acronyms or code words or abbreviations were used. Ask about nicknames for projects and people. Ask if there was a particular way they liked to name files, or if there were any particular conventions for naming or storing files. Ask about dates: what is this individual?s assessment of beginning, ending and critical dates?
Read the full whitepaper here.
eDiscovery in Small Cases: 5 Benefits of Digitizing Your Cases
By Cynthia Courtney, VP, Advisory and Engineering Group
You know it?s coming?the day when you have a request for documents that calls for the production of 500 e-mails?and ignoring it is not going to fly. Nor is printing them out. And, if you?re lucky, it?s only going to be 500, not 50,000. With some guidance and a few basic tools, you can weather this event, and find that you are in a better position to identify the handful of truly important documents in your case.
I start with the premise that there is no reason whatsoever that you should be touching paper in your cases. Hearing this, you may have to go into a dark room, lie down, and put a cold compress on your head. But, once you get all of your paper documents onto a CD that you can carry around with you (including going to trial), instead of those wretched banker?s boxes, you will become a devoted fan.
The benefits of digitizing your case are many, but here are a few:
1. You can make your document collection fully searchable, and therefore easier to use.
2. As a result of making your collection searchable, your production will be more accurate?not too much, not too little, but just right?like Goldilocks.
3. You are more nimble with your documents. You can carry them with you. You can e-mail a document to a colleague, and you can make digital copies of a document that can be highlighted and marked up on your laptop.
Read more?
eDiscovery Is Not So Different
By Chuck Kellner, SVP Advisory and Engineering Group
There are the Seven Habits?? and ?Nine Beliefs?? and ?The One Minute?? and the ?Five Traits?? fill-in-the-blank keys to success. These have been the how-to or self-help magazine article or Book Review adjuncts to our very hectic weekday-plus lives.
Litigation Support and eDiscovery have always considered themselves as special among industries. We hear that commercial off-the-shelf software won?t work because the needs of this industry are different. Or that the conventional principles of business planning don?t work because our industry is project-based. Yes, we are different, but not so much. Certain principles apply no matter what.
Experience: Experience counts for a lot in eDiscovery, but it doesn?t count for anything if you cannot rely on it to get the current job done. You may have done a hundred projects like this one, but if you don?t listen closely, you won?t understand that this client, this job, this situation is a little bit different. You can rely on your experience only to identify those differences. Then each time, you have to do this job as if it is brand new.
Read more common business principles that apply to eDiscovery and litigation support pros.
eDiscovery In the News and on the Web
Entrepreneur discovers a lucrative niche
Sheila Livadas, John Holland, CEO of D4, featured in The Rochester Business Journal, May 18, 2012
The FDA and the Regulation of Social Media
John Sullivan, Michael Planell, and Darren Goldman, Corporate Counsel, June 29, 2012
D4 Says Predictive Coding Reduce Cost, Increase Quality and Shorten Review Time
Law.com, John A. Conte, Jr., June 5, 2012
Quick Take: Capitalizing on Wi-Fi in Courtrooms
John Edwards, Law Technology News, June 28, 2012
Source: http://www.d4discovery.com/2012/08/july-2012/
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