The courts want the best information in the electronic age to be gathered responsibly and efficiently. The revised federal rules relating to discovery of information stored on electronic devices will be effective December 1st.

The good news:
The rules are catching up with the field of electronic discovery that has been evolving over the past decade in litigation practice.

Major changes are:
 Adding “Electronically Stored Information” (“ESI”) as discoverable under FRCP 26
 Putting limits on discovery of ESI that is not reasonably accessible (e.g., backup tapes)
 “Clawback” provision for inadvertently produced privileged ESI
 Safe harbor for sanctions due to routine practice (e.g., document retention policy)

The bad news:
E-Discovery can be about making the other side look guilty before even getting to the merits of the case.

Cases have been lost because of failure by attorneys to understand the ins and outs of the world of electronically stored information.


What can you do?

There are no “Best Practices” yet in this evolving field. Knowledgeable and experienced consultants are your best resource to successfully navigate these treacherous waters.

Contact Carol now.

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1. Select the best technology for your project.
   
2. Design a good coding sheet.
   
3. Make sure production is complete.
   
4. Have quality control.
   
5. Always encourage document reviewers to double-check their work.
   
6. Have one designated attorney communicate between document reviewers and lead attorneys.
   
7. Have one attorney (or litigation paralegal) responsible for managing boxes and maintaining an index.
   
8. Develop key tools to make document reviewers more effective:
   
   • Time line
     
   • Cast of Characters
     
   • Glossary
   
   
9. Maintain information important to the review (pleadings and tools developed) for updating by reviewers and quick orientation of new attorneys. (Ideally, a new person should be able to make a contribution from day one.)
   
10. Develop a team mentality. Welcome questions. Play to people’s strengths. Take frequent breaks. Group intelligence is better than individual intelligence. A well-run document review is more efficient and more fun.