Outsourcing legal work is already over a $5 billion a year business, according to Hildebrandt International. To help lawyers succeed in this increasingly competitive global marketplace, I've become a partner and co-chairperson of a Pennsylvania company, Offshore Services to Lawyers, offering outstanding services to lawyers nationwide.

I'm thrilled to be Partner and Co-Chairperson of a great company that outsources legal work globally. This is a logical extension of my current practice as a discovery consultant. Now, in addition to outsourcing discovery work to me, firms have access to a whole team of Indian attorneys who are highly trained in U.S. law for legal research and litigation support. It fits with my commitment to making law more efficient and more economical. I want to free lawyers up from time-consuming research and litigation support to have more time to practice law, enable them to grow their practice by working with startup clients who cannot yet afford the firm's rate, or have a better work-life balance.

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

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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Contact Carol!

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.