The Georgetown Advanced eDiscovery Institute

The Advanced eDiscovery Institute

A continuing education program by Georgetown Law School

This year the program was held December 6 & 7

The agenda and roster of speakers can be found here.

This conference is considered one of the most highly regarded e-discovery learning events of the year.  Learn something new about e-discovery today by reviewing the blogs and articles below:

Exterro’s E-Discovery Beat Blog live blogged notes from the conference

Other notes & blogs summarizing the learning experience

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E-Discovery Project Management for Paralegals Notes

Thanks to all of you who participated in the live recording of the webinar on e-discovery project management for paralegals earlier this week! I enjoyed sharing best practices and project planning tips. After live seminars and webinars, it has become my practice to provide a few extra notes here at Learn About E-Discovery dot com based on the questions from the audience.  The 90-minute recording will be available on-demand soon so check back for the update and URL.

One of the questions that came up was regarding CHECKLISTS. When creating / drafting a standard operating procedure, you’ll want to include a checklist that isn’t too long or too short that covers the primary information you will need as a project manager to get your project started.  Here are a few sites that offer practical examples:

One     Two     Three     Four

If you or your friends are interested in additional project management training for e-discovery, please send me an e-mail … erika at learnaboutediscovery.com

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.

Learning About Data Maps

Most data maps or content maps or “who-knows-where-the-data-is” diagrams are anywhere from 9 to 18 months out of date.  Any IT network manager will tell you that creating a diagram of everything on the company network is not a fun or easy activity. Add to that the litigator’s need to know who has/had access to potentially discoverable information and the size of the task more than doubles. Today, we fortunately have tools that help automate parts or all of this but how effective those tools are depends on a lot of variables. Our interest now is to provide a few resources and definitions to help you begin conversations with your e-discovery team about data mapping.

E-Discovery attorneys, project managers and paralegals will want to become familiar with their client’s data map as early as possible in a litigation matter.  If you’re the e-discovery liaison for a corporation, you will be want to be very familiar with your organization’s network data map.  According to the Electronic Discovery Reference Model, here’s what you need to know about data maps:

You can’t secure it if you can’t find it. An essential component to a successful electronic discovery project is an accurate picture of the target company’s data sources. It is important to keep in mind that all company information technology infrastructures are not created equal. The hardware and software deployed to accomplish commonplace tasks such as managing company e-mail or creating data backups, varies widely from organization to organization. Indeed, it likely varies within the target company if the timeframe in question is broad enough, or if the company is widely distributed in various geographic locations.

This identification process implicates many types of servers with active and dynamic data (e.g. file servers, collaboration servers, e-mail servers) and many interrelated data management systems (e.g. document management systems, financial systems, disaster recovery and backup systems). This includes servers responsible for general company data, as well as user specific data, such as user home directories or departmental shared directories. It also includes the myriad of devices that users employ to utilize that data, including desktop computers, photocopiers, calendars, Instant Messaging (IM), text, PDA’s and cell phones, smart phones, and memory cards. Lastly, it implicates inactive data archives on various media such as hard drives, servers, recycle bins, tape backups, flash drives, CD-ROMs and DVDs. All of this is further complicated by the fact that legacy data, potentially across all these categories, may exist from previous company systems within the relevant time period. The necessary hardware, software or technical expertise to access such legacy data may no longer exist within the target company.

Additionally, I would add the following resources for learning about e-discovery data maps to your reading:

ESI Data Mapping Resources

Best Practices

And if you are an information governance or records management professional, then you may find this resource helpful, too:

Five Free Apps for Diagramming Your Network

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.

 

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

Identification Guide « The Electronic Discovery Reference Model

Identification Workflow Chart

Aim: To identify subject matter experts, resources involved, potential sources of data; to determine the depth and breadth of potential liability; to aggregate information sources for developing course of action.

Goal: Evaluate, leverage and mitigate.

via Identification Guide « The Electronic Discovery Reference Model.

View the Table of Contents for this section of the EDRM

Managing Lawyers for your Document Review – 10 Tips

Here are 10 tips for managing contract attorneys.

via Managing Lawyers.

  1. Privilege law
  2. Choose wisely/ do your homework
  3. Quality control
  4. Conferences/ getting started
  5. Review software
  6. Share knowledge
  7. Provide managerial and technical support
  8. Provide the proper office equipment
  9. Treat contract professionals with respect
  10. Build teams

Law.com – 6 Factors Help Avoid an E-Discovery Disaster

Law.com – 6 Factors Help Avoid an E-Discovery Disaster.

This is a good check list for preparing for your discovery conference with the other side or simply preparing for litigation in general. The six factors detailed in the article are:

  1. Preserve Relevant ESI – author provides a case example
  2. Confer with your Opponent – describes importance and practicality of the meet n confer, also provides tips
  3. Collect Data Intelligently – it is no longer acceptable practice to do this yourself, at a minimum, meaningful supervision is required
  4. Rely on your Vendor – but be careful not to over delegate to the point that you don’t know what’s going with your project
  5. Consider using Hosted Databases – there are lots of reasons this is a good idea, probably the best one being that it provides a predictable cost for your budget plan
  6. If all else Fails, Go to Court – ediscovery project management best practices will hopefully help everyone avoid this scenario and the Sedona Conference’s Cooperation Proclamation strongly discourages discovery disputes but we know that that will happen in some cases so it’s best to be prepared

You’ll find many other checklists for discovery preparation on the internet. This article provides recent case law examples as reference points.