When I was thinking about sitting for the CEDS exam, I had questions. After I registered, I had more. Now that I’ve emerged on the other side, I thought I’d compile the answers I found along with a few of my own observations....more
Chocolate lovers and people who like to say “aar!” have their national days. So too do E-Discovery practitioners. I can’t guarantee delicious confectionery and buried treasure is decidedly out of scope. Nonetheless, our...more
I have the introvert’s natural fear of crowds. Making small talk with strangers at conferences used to fill me with dread. The breakthrough came when I realized that networking is a skill and like other skills, it can be...more
Legal culture is fixated on productivity to the exclusion of more important considerations. While certainly it’s better to be productive than unproductive, productivity is only third most important when it comes to getting...more
Professional image is a critical part of career building and professional development. Panelists Doug Austin (Editor, eDiscovery Today), Cristin Traylor (Senior Product Strategy Manager, Relativity), Shawn Tuma (Partner,...more
The return of in-person events gives rise to mingled feelings of anticipation and anxiety. Frequent questions include:
1.Will the program be interesting?
2.Will I know anyone there?
3.Do my resort clothes stiill fit?...more
Recently I went on record as believing that eDiscovery educational resources are so abundant it takes a strategy to make the most of them. In case that gives a misleading impression, allow me to clarify that there’s still...more
Last month I shared 3 Ways to Make the Most of eDiscovery Education and Training Resources. To briefly recap: read daily in small doses; attend one to two presentations a month; and seek out experiential training. This month...more
It can be challenging to keep up with the fast-changing law, practice and technology of eDiscovery. The good news is there are many high-quality educational and training resources available at low (and even no) cost. The bad...more
What’s one of your biggest work challenges? I recently posed that question to my fellow board members of the Indianapolis chapter of Women in eDiscovery. The responses are crowdsourced insights into day-to-day eDiscovery...more
In my last post I recommended studying a software program for professional development as one of 3 Work Resolutions for Litigators and eDiscovery Professionals. But which program? Time is short and the choices are...more
New year’s resolutions are especially apropos in 2021 given that the prevailing attitude to the old year is goodbye and good riddance. Millions of unused gym memberships notwithstanding, resolutions can be effective when done...more
There are two ways lawyers can satisfy their ethical duty of technology competence. One way is by learning about technology and becoming more proficient in the use of legal tech tools. The other is by working in association...more
9/1/2020
/ American Bar Association (ABA) ,
Discovery ,
Duty of Competence ,
e-Discovery Professionals ,
Electronically Stored Information ,
Law Firm Associates ,
Law Firm Partners ,
Law Practice Management ,
Legal Ethics ,
Legal Project Management ,
Legal Technology ,
Outsourcing ,
Rules of Professional Conduct ,
Supervision
Technology competence is an ethical requirement in more than 40 states. Beyond Rule 1 Competence, knowing technology helps lawyers comply with the duty of confidentiality and other rules of professional conduct. For...more
7/28/2020
/ American Bar Association (ABA) ,
Data Collection ,
Data Preservation ,
Discovery ,
Duty of Candor ,
Duty of Confidentiality ,
Duty of Fairness ,
e-Discovery Professionals ,
EDRM ,
Electronically Stored Information ,
Law Firm Associates ,
Law Firm Partners ,
Legal Technology ,
Metadata ,
Rules of Professional Conduct ,
Technology-Assisted Review
As lawyers we must be guided by the Rules of Professional Conduct in all aspects of our work. Today that includes competence in relevant technology. Technology is deeply embedded in contemporary legal practice, while data...more
7/7/2020
/ Data Security ,
Discovery ,
Duty of Competence ,
e-Discovery Professionals ,
Electronically Stored Information ,
Law Firm Associates ,
Law Firm Partners ,
Law Practice Management ,
Legal Ethics ,
Legal Technology ,
Rules of Professional Conduct
In part one of this three-part series, I gave an overview of presentation technology for legal advocacy. Part two covered the essential elements of software, equipment and people. The final installment highlights three of the...more
Presentation technology is a powerful persuasive tool. Sophisticated demonstratives, deposition video clips and exhibit callout and annotation tools help lawyers advocate more effectively. Moreover, using technology is...more
4/22/2020
/ Depositions ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Law Firm Associates ,
Law Firm Partners ,
Legal Project Management ,
Legal Technology ,
Software ,
Trial Preparation
Lawyers use presentation technology to advocate for their clients more effectively and efficiently. Low-cost electronics have brought technology within reach of practically any budget. Technology may now be deployed in every...more
Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more
10/3/2019
/ Client Representation ,
Corporate Counsel ,
e-Discovery Professionals ,
Electronically Stored Information ,
Ethics ,
Evidence ,
Juror ,
Jury Trial ,
Legal Ethics ,
Rules of Professional Conduct ,
Social Media ,
Trial Preparation ,
Young Lawyers
The Federal Rules of Civil Procedure have several important provisions about production format. Rule 26 requires the parties to meet and confer about form of production in connection with the discovery plan. Rule 34 addresses...more
The problems are well known: ever-increasing data volumes; emerging data sources; underutilized eDiscovery technology tools; and insufficient documentation. Process innovation is a key part of the solution. Workflows,...more
Collaboration in eDiscovery has its own special challenges. First, communication between lawyers and technologists often requires translation. Second, participation is a prerequisite – but not a given. Third, continuing...more
“What can you do to protect personal information when you collect data from a phone?” This is one of the most frequently asked questions of our forensics practice group....more
2/13/2019
/ Data Collection ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Legal Project Management ,
Legal Technology ,
Mobile Devices ,
Personal Data ,
Privacy Laws ,
Smartphones ,
Text Messages