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"Nothing in the world can take the place of Persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan 'Press On' has solved and always will solve the problems of the human race."
-- Calvin Coolidge

"The dream, of course, is to be called two weeks before trial to try the case...reality, however, is different. Most cases settle, and victory is not in the scathing cross, but in the tedious review of documents...for it is discovery which we do. The motions, the papers, the depositions. This is the numbing, ditch digging work that determines the winner." -- Elliot
G. Sagor, Esq.

 
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Carol A. Fritz's Blog

Monday, October 09, 2006

 

Mandatory Cooperation in E-Discovery

Another wrinkle for litigators in revised FRCP 26(f) effective December 1st is that opposing sides are now required to "meet and confer" about electronically stored information. This conference covers any issues related to disclosure of ESI including how it is to be produced. Your case can go terribly wrong at this conference without careful attention and planning.

Unless you know all the devices on which ESI may be found, and how they store data digitally, you are not prepared for this conference. A few of them include office computers, home computers, portable storage devices (PDA's, Blackberries, USB thumb drives). There are many more.

You need to have a professional in digital discovery with you at this conference. Remember there are no "Best Practices" in this field. To prevail for your client you need to find smart people who are experienced with technology to help you understand the technological challenges and aid you in explaining unfamiliar concepts to the judge.

Contact Carol now

posted by Carol A. Fritz  # 5:25 PM  
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HOME | COMPLEX DISCOVERY CONSULTING | TESTIMONIALS| ABOUT CAROL A. FRITZ | CAROL'S BLOG | CONTACT
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"Discovery consists of seeing what everybody has seen and thinking what nobody has thought."

-- Albert Szent-Gyorgyi

"Every man has a right to be wrong in his opinions, but no man has a right
to be wrong about his facts." -- Bernard Baruch

"Where observation is concerned, chance favors only the prepared mind." --
Louis Pasteur

"The questions are more important than the answers." -- Zen saying

 
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