The ESI Approach
Learn about the unique issues inherent in ESI and how to leverage them to save time and mitigate risk
The Crucial Role Of The Project Manager In eDiscovery
Electronic discovery has heightened the role of the project manager. This article explains how the role is critical to the process, the difference between a project manager and a paralegal, and how to find a great PM.
Use The 'E' And Let The Data Be Your Guide in eDiscovery
eDiscovery is a completely different ballgame than discovery was and it requires a completely different thought process. Instead of starting at the beginning and asking for the world and the gigabytes or terabytes of data that might mean, you need to start at the end — what you really want to tell a judge or jury — and work backwards.
Need To Keep Your eDiscovery Team Members On The Same Page? Use A Discovery Report
Keeping multiple team members up to date on a constantly evolving set of facts and tasks is a challenge. This article shows you how to use a discovery report to create a running record of decisions made and the basis to avoid reinventing the wheel later on in a case.
Successful, Cost-Effective eDiscovery Requires A Team Approach
eDiscovery requires the old school hierarchy to be thrown out the window — lawyers and litigation support have to work together to make strategic, cost-effective decisions. This article discusses how to leverage both skill sets — technology and legal strategy — to put together a winning team.
The ESI Approach to Discovery
This article emphasizes the importance of framing a case story before starting discovery, focusing on the key facts, custodians, and data sources needed to prove or defend claims, and moving away from outdated broad document requests to a more strategic, cost-effective approach for managing ESI in litigation.
Stop Equating eDiscovery With Data — It’s Not That Simple
This article argues that the high costs of ediscovery stem from outdated approaches and lack of strategy, emphasizing the need for lawyers to adapt by leveraging technology, managing data volume, and planning proactively to reduce costs while increasing efficiency.
Want To Save Money In eDiscovery? Here's A 3-Step Plan.
eDiscovery Columnist Kelly Twigger details a three step plan for engaging in ediscovery cost-effectively. Pro tip: it's a lot of common sense.
How an Early Preservation Letter Can Help Define And Narrow Scope
Early preservation notices to the opposing party help to keep the scope of preservation reasonable and avoid disputes. The article includes what to include in the letter for maximum benefit.
Wait, No Go. Wait, No Go. Striking The Balance On When To Incur Costs For eDiscovery.
This article discusses the challenges of last-minute ediscovery and offers strategies to avoid costly, rushed decisions by engaging in early planning, establishing strong relationships with counsel, and preparing for key data collection and negotiation issues in advance.
Use Metrics To Manage Costs In Discovery
Tracking data about your client's data and the work done on that data for ediscovery can help your client budget and help you do more with less. This article describes what metrics to capture to help you make good decisions.
Five Things A Great Custodian Interview Can Do For Your Case And Your Budget
Find out how effective a good custodian interview can be for your case, and what you should try to learn.
Avoiding Disclosure of PII Through Faulty Redaction
Failure to redact PII in discovery, but also in mainstream examples has led to significant consequences for those individuals whose information is exposed, and the wrong can't be righted. This article discusses the challenges in redacting ESI, what you need to think about and how to leverage tools to assist.
Beware The eDiscovery Disconnect
This article highlights the disconnect between attorneys and ediscovery, emphasizing the need for lawyers to engage with the data and ediscovery process early on to align legal strategy with the handling and presentation of evidence.
Struggling To Know How To Find The Evidence You Need In eDiscovery? This Should Help.
When you don't know what you don't know about ediscovery, lawyers default to pushing back and becoming adversarial. Kelly Twigger offers questions for lawyers to ask opposing counsel and your clients to get the knowledge you need. The best way to learn is to start asking questions.
Get Creative To Solve Your eDiscovery Puzzle
Every case requires a new strategy for ESI. Kelly Twigger offers tips for thinking through the strategy of each matter and planning for finding the pieces of your ediscovery puzzle and putting it together.
Know Your Audience To Discuss eDiscovery Effectively
The #1 rule of communication is to know your audience. In ediscovery, the silos of people we deal with — in-house counsel, IT, judges and opposing counsel to name a few — all have different perspectives and levels of knowledge. Review these tips on how to reach each group effectively and get to where you need to be for your matter.
The ROI Of Cooperation
eDiscovery advocates preach cooperation as fundamental to successful and cost effective electronic discovery, yet it flies in the face of our adversarial nature as lawyers. But cooperation has a measurable, tangible ROI. Read how.
Simple Ways to Make Search-Term Negotiation More Bearable
Incredibly useful practical advice from practitioners Christine Payne and Adam Nodzenski on how to make sure your terms will work. This article addresses the situation where you are proceeding with a search-term negotiation (whether you like it or not) and wish to proceed in a reasonable and expeditious manner.