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You’re sitting at your desk all day. Work is piling up. Pressure is piling up. And yet, somehow, you’re supposed to be a great eDiscovery team member. What do you do?
Take Initiative
For starters, even if your direct supervisor isn’t in the office or lives across the country, you never know who you could impress. When you’re going through the eDiscovery process, look for value. Take charge of your role and own it. You might feel like you’re the unimportant litigation support on the bottom of the totem pole, but if you show that your work is amazing and your opinions are supported, you won’t stay that way for long.
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The smartest move a busy discovery attorney can make is to use available resources wisely. But given the amount of resources available, figuring out which ones to focus on can be difficult.Read more
Disk backups are a lot more convenient than tape, since restoring all kinds of data can be completed much faster. What’s more, all of the latest deduplication technologies can be used with backup-to-disk, so you’re not storing 5, 10, 20, 100 copies of the same data in your backup rotation. Some may say that disk is clearly the way of the future.
If only that were true. There is one area where tape is still quite competitive with disk, and that’s in truly long-term storage—as in, ten years’ worth of long term. Information retention policies can be quite conservative these days, so needing to keep ten-year-old data is not uncommon. And tape does have some advantages over disk...Read more
State jurisdictions are still split on the question, but Virginia says No.
States such as South Carolina contend that the computer forensics industry attracts a flow of contenders eager to cash in on lucrative disputes; contenders that may very well be expert in pulling information from a computer, and yet might be ignorant of the ethics and standards involved in handling personal information. These jurisdictions hold that computer forensics experts should be held to the same standards (including licensing and insurance coverage) as any other investigation agent or agency. Whether the motivation here is truly privacy oriented or fiscal, in effect this adds a number of hoops to jump through. The wide majority of states (including the District of Columbia) require a state-administered license in order to become a private investigator. While the requirements for this license aren’t particularly difficult, they usually include at least a certificate in criminal justice, hours of training, and a state administered exam. This state vetting process creates certain legal exemptions, easing access to personal information...Read more
Cooperation 101 Posted By Daniel Kaiser, Esq. on February 21, 2011
Academics have rattled on about cooperation in discovery for years now. It’s a principal that, if it works, could make life easier for counsel and cheaper for the client. If cooperation is in everyone’s best interest and Sedona principles are popular, why can’t we all just...get along?
Steven Bennett’s recent NYSBA Journal article, “How can Courts Encourage Cooperation in Discovery?” takes a run through several factors that discourage cooperation between parties and suggests several approaches that should be taken by federal courts to encourage the process. A sampling of Bennett’s suggested incentives includes...Read more
Words of Advice Posted By Daniel Kaiser, Esq. on September 1, 2010
To all the young Chicago attorneys out there getting ready to argue a case, want a tip or two from your judge first? Who could be a better mentor? Don’t worry, no political corruption is involved.. The Seventh Circuit Bar is gearing up to deliver these helpful tidbits through their new e-mentoring project.
A product of the Association’s Young Lawyer’s Committee, the project currently offers video-based mentoring sessions with over 45 judges and senior trial lawyers from throughout the circuit. Even better, the plan is to further develop this library into a collection including every Seventh Circuit district and magistrate judge. It used to be that only a lucky few had access to the knowledge held by these jurists. It’s still a lucky few: those who are members of the Seventh Circuit Bar Association. But hey—progress!...Read more
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