Introduction to E-Discovery: Technology (Part 5 of 5)

It’s pretty easy to execute a Google search on “e-discovery” and immediately become overwhelmed by the amazing volume of information available. Where should you begin reading? What’s fluff? What’s not? What’s educational? What’s marketing jargon? Over the next few weeks, we’re going to dedicate MONDAY mornings to reading about electronic discovery basics. Each week, look for a new post to learn about e-discovery without becoming overwhelmed.This  week, we continue our series on technology used to support e-discovery with a few resources for you to learn more about ESI Production.  This will be our last entry in this series… since statistics show that only about 1% of cases ever make it all the way to trial, most of us will end our e-discovery technology journey at the production phase.

ESI Production

Definition

Discussion

Software (not an endorsement)

I hope you learned something new about e-discovery technology or reinforced your on-the-job training with the five short lessons provided here over the past few weeks. If you have questions or if you are interested in a custom learning plan, please send an e-mail to erika at learnaboutediscovery.com.

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Introduction to E-Discovery: Technology (Part 4 of 5)

It’s pretty easy to execute a Google search on “e-discovery” and immediately become overwhelmed by the amazing volume of information available. Where should you begin reading? What’s fluff? What’s not? What’s educational? What’s marketing jargon? Over the next few weeks, we’re going to dedicate MONDAY mornings to reading about electronic discovery basics. Each week, look for a new post to learn about e-discovery without becoming overwhelmed.This  week, we continue our series on technology used to support e-discovery with a few resources for you to learn more about ESI Review & Analysis.

REVIEW

Definition

A good working definition for document review is a task completed by attorneys to determine which documents (electronic or paper) are going to be useful as the litigation matter moves forward.

EDRM definition

You may be tasked with managing a team of reviews… if that is the case, then read this, too.

Software

Most of the litigation technology software over the past 25 – 30 years has been developed to support this phase of litigation. It is not unique to e-discovery but electronically stored information was the catalyst for major new developments in litigation technology over the past decade or more. Here are a couple of the most recent examples and two of the traditional tools in today’s marketplace (this is not an endorsement of any tool…)

Traditional Option # 1 and Option# 2

Newbie #1 and Newbie #2

Discussion

The majority of the litigation budget is typically spent on the attorney review. This article discusses some of the ways to cut time and cost using technology.

ANALYSIS

Analysis can be a difficult term to define in our world as much of the technology has driven the definition in recent years. However, simply put, “analysis” is what the attorneys do when they review. In an effort to save time and trim costs, technology has developed to assess and analyze litigation data early in the case as well as later. The technology does NOT replace the attorney review. The courts are still inconsistent on whether or not to require the technology but seem to be leaning towards requiring it… And I always say: The tools are not as important as the process. Do not bet your whole case on the technology available. My two cents. That said, here’s some useful information about ESI Analysis (again, not an endorsement):

Definition

Software 

I hope this overview of ESI Review and Analysis has been helpful to you as you continue to explore and learn more about e-discovery!

If you have any questions, feel free to e-mail me at erika at learnaboutediscovery.com

Introduction to E-Discovery: Technology (Part 3 of 5)

It’s pretty easy to execute a Google search on “e-discovery” and immediately become overwhelmed by the amazing volume of information available. Where should you begin reading? What’s fluff? What’s not? What’s educational? What’s marketing jargon? Over the next few weeks, we’re going to dedicate MONDAY mornings to reading about electronic discovery basics. Each week, look for a new post to learn about e-discovery without becoming overwhelmed.This  week, we continue our series on technology used to support e-discovery with a few resources for you to learn more about ESI Processing (a.k.a. conversion to a reviewable format).

Here is a good article that defines processing… it’s part one of two in a short series of articles. I recommend reading all of them to gain a full picture. Then there is a link to a “sample” software program demonstration that is commonly used by both service providers and firms. (Please note, this is not an endorsement of this software… I simply liked the available video demonstration.)

Definition

Software

 

Learning Tip: Most service providers have database programmers on staff who are able to provide an additional level of data manipulation beyond what the software simply does out-of-the-box. Keep this in mind when considering DIY ESI processing options. Be sure to ask your service provider about the tools they’ve developed in house to fill technology gaps in the processing software. Typical tools sets include features to copy data, clean up data and organize data for export.

 

Introduction to E-Discovery: Technology (Part 2 of 5)

We are learning about ESI Preservation and Collection for week two of our series on e-discovery technology. This is technology used in support of electronic discovery projects. Following the phases or stages laid out in the EDRM (Electronic Discovery Reference Model found at www.edrm.net) we will take a look at the technology used for each phase (these are not endorsements, simply examples):

Preservation

Preservation is a topic of great importance but exactly how important it is is often realized too late in the discovery process. Today’s e-discovery lesson provides a few articles that not only define preservation in an e-discovery context but also include ideas and recommendations for preparing to preserve data. Technology and software applications designed to meet this need in the marketplace come from both the left and the right of the EDRM as corporations try to plan ahead with improved information governance policies and law firms work to advise clients in the early planning stages of litigation.

Definition Preservation Obligations, ABA article

Software – Download a free copy of the Gartner Industry Report on e-discovery software here .

Collection

The collection and harvesting of electronically stored information is also, often a not-well-thought-out part of the discovery plan. The question of how “forensically defensible” the collection needs to be is the starting place for developing your collection plan. Start here with a few basics about collection and collection technology…

Definition – EDRM Guide

Software EDJ Tech Matrix, Law.com article

 

Next week, we will share a few foundational resources for processing ESI.

Now Available On-Demand – E-Discovery Project Management Training

Did you miss the live online class we offered a couple of months ago? No worries, it’s now available on-demand.

E-Discovery Project Management On-Demand Training – Litigation Paralegal Bootcamp

AGENDA TOPICS INCLUDE:

•Project Management Methodologies: Which will work for your next e-discovery project?

•Role of a Project Manager

•What does it take to transition from senior paralegal to e-discovery project manager?

•What Should Be in Your Standard Operating Procedure (SOP)

•Outline of Best Practices for Each Phase of Your SOP

•EDPM Responsibility Matrix, Planning Resources and Budgeting

 

This course is only 90 minutes and can be completed on your lunch hour.

 

LTNY 2012 in Review

Learning about electronic discovery includes keeping up to date with the latest technology and practice trends in our field. Legal Tech New York 2012 was this year’s first major trade show and conference. Here are a few of the top blog posts & articles covering the event:

Apersee

E-Discovery Journal

E- Discovery Daily

E-discovery Beat

Legal Talk Network – podcast 1 and podcast 2

eDisclosure Information Project

Discovery Resources

Predictive coding dominated the sessions. Most agreed that it is coming – you should be prepared – but even the most enthusiastic advocates cautioned it does not necessarily replace humans. Two primary drivers for adoption emerged: 1) skyrocketing costs associated with human review teams, especially when data volumes are very large; and 2) superior accuracy of technology-assisted review, which is not susceptible to the random errors and inconsistencies of humans, and which can identify and remediate inaccuracies through a process of iteration.

In addition to the excitement about predictive coding, cloud-based data and ECA were also hot topics. Another common theme might be summed up with the phrase “methodology matters” – that is, business process is critical and must be well understood before you can make real progress in improving efficiency and controlling costs.

My new favorite phrase is “methodology matters” to describe what is essentially project management. Technology is great but if your business process is lacking, then you might as well plan on wasting a lot of time and money.  And by now, you can tell that the other major topic at LTNY this year was predictive coding (also known as computer assisted coding).

What did you learn about e-discovery at this year’s show? What changes to your practice are you making since you returned from NY?

How to Manage an ESI Review Team

The following links point to a series of posts from the E-Discovery Daily Blog. The focus of the content walks you step by step in best practices for managing an e-discovery document review team.

1.       Introduction

2.       Clearly Define Objectives

3.       Get a Handle on the Document Collection

4.       First Steps in Drafting Criteria

5.       Drafting Responsive Criteria – a Step-by-Step Guide

6.       Drafting Privileged Criteria

7.       Applying Topic Codes in the Document Review

8.       Identify a Project Manager

9.       Prepare a Review Plan

10.   Assembling the Project Team

11.   Training a Review Team

12.   Starting the Project

13.   Keeping Decisions in the Hands of the Attorneys

14.   Ensuring High-Quality, Consistent Work

15.   Keep the Staff Motivated

16.   Use the Team’s Knowledge

Review Guide « The Electronic Discovery Reference Model

EDRM Document Review Workflow Chart

Aim: To gain an understanding of document content while organizing them into logical sub-sets in an efficient and cost effective manner.

Goal: Develop facts, reduce risk, reduce cost, leverage technology, facilitate collaboration and communication.

via Review Guide « The Electronic Discovery Reference Model.

This is a pretty in-depth overview of what you need to know to successfully plan and manage a document review.

Key Learning Points include:

  • Review Technology, Process & Workflow
  • Review Team Management
  • Vendor / Service Provider Selection
  • Reporting and Metrics

Hosting eDiscovery in the Cloud: Know What You’re Getting — EnterpriseStorageForum.com

Hosting eDiscovery in the Cloud: Know What You’re Getting — EnterpriseStorageForum.com.

This article addresses the cloud based applications and their impact on e-discovery as a storage option for document review databases. It does not address issues involving collecting ESI from the cloud environment.

Key learning points include:

  • Definitions of types of cloud computing options available
  • Questions to ask your hosting provider