Litigation Support & E-Discovery Litigation Support & E-Discovery in the Law Firmin the Law Firm

David Kearney - 2010

PurposePurpose

Bring the Litigation Practice together to address the need to formalize the Litigation Support group.

Address processes and procedures that help ensure consistency and manage expectations throughout the litigation process.

Maximize return on investment.

Deliver better products and services internally and to the client.

Protect the Firm by minimizing the risk of making mistakes/embarrassing moments.

Topics to be CoveredTopics to be Covered Overview of Technology InvestmentOverview of Technology Investment ObservationsObservations ChallengesChallenges Start with FoundationStart with Foundation Build OrganizationBuild Organization Other Items to be ExploredOther Items to be Explored

EDRMEDRM

LAW/CLX

CLX

LAW/CLX

Trial Director

EDRM (edrm.net)

LAW/CLX

Overview of Investment/Technology Overview of Investment/Technology FootprintFootprint

Storage AllocationStorage Allocation

Data Storage Allocation

27%

73%

Litigation SupportDataNon-LitigationSupport Data

Overview of Investment/ Overview of Investment/ Technology FootprintTechnology Footprint

Total 2010 Projected Investment ScenariosTotal 2010 Projected Investment Scenarios

1 – No Additional 1 – No Additional PurchasesPurchases

2 – Additional 2 – Additional PurchasesPurchases

ObservationsObservations

Hardware Requests (processing PCs, hard drives, Hardware Requests (processing PCs, hard drives, laptops, etc.)laptops, etc.)

Software Requests (additional licenses of “E-Software Requests (additional licenses of “E-processing” software)processing” software)

Storage UsageStorage Usage TimeTime Internal vs. ExternalInternal vs. External What is Billable, Who is Billable, When is Billable?What is Billable, Who is Billable, When is Billable? Services Offered Equal to or Exceeds VendorServices Offered Equal to or Exceeds Vendor CommunicationCommunication Case Clean-UpCase Clean-Up Who Needs to be Involved WhenWho Needs to be Involved When

ChallengesChallenges Ownership of DepartmentOwnership of Department C&G Lit. Support Group as “Preferred Vendor”C&G Lit. Support Group as “Preferred Vendor” Identify Abilities (internal & external)Identify Abilities (internal & external) Streamline ProcessesStreamline Processes Help Justify Additional ResourcesHelp Justify Additional Resources Establish Best PracticesEstablish Best Practices Standards/Tech SpecStandards/Tech Spec Trends & ProjectionsTrends & Projections Define Internal vs. External Capabilities and Define Internal vs. External Capabilities and

WhenWhen TasksTasks Processing vs. ProductionProcessing vs. Production

Being ready for “The Big One”Being ready for “The Big One”

Foundation Foundation

Assemble E-Discovery Group (consultative body)Assemble E-Discovery Group (consultative body) Build Workflow ProtocolsBuild Workflow Protocols Build Procedures Based Upon Case RequirementsBuild Procedures Based Upon Case Requirements Establish Pricing for Internal Tasks & ROIEstablish Pricing for Internal Tasks & ROI Billing vs. RealizationBilling vs. Realization Establish General Task TimesEstablish General Task Times Identify Vendors and Solutions (technology for Identify Vendors and Solutions (technology for

different situations)different situations) Justify Needs (resources; people, technology, Justify Needs (resources; people, technology,

training)training)

Foundation Example ModelsFoundation Example Models

Case Workflow Model (Case Team Discussion Case Workflow Model (Case Team Discussion and Questions, e.g. scope, deadlines, and Questions, e.g. scope, deadlines, productions, conversions, recommendations)productions, conversions, recommendations)

Litigation Project ModelLitigation Project Model Processing Standards (Metadata, File Types, Processing Standards (Metadata, File Types,

e.g. Excel, Word, PP, Open Office, etc.)e.g. Excel, Word, PP, Open Office, etc.) List of Preferred Vendors, Contacts, Services, List of Preferred Vendors, Contacts, Services,

Core CompetenciesCore Competencies COC (chain of custody) FormsCOC (chain of custody) Forms Q.C. (quality control) FormsQ.C. (quality control) Forms

Other Items to be ExploredOther Items to be Explored

Regular Meetings (once/twice a month) Regular Meetings (once/twice a month) with E-Discovery Group (Management with E-Discovery Group (Management Committee) to help guide Litigation Committee) to help guide Litigation Support Department.Support Department.

Available C&G Tools – Overview (Trial Available C&G Tools – Overview (Trial Director, CaseLogistics, LAW, etc.)Director, CaseLogistics, LAW, etc.)

Internal and External Education (legal Internal and External Education (legal & non-legal)& non-legal)

Other Items Needing to be Other Items Needing to be ExploredExplored

Legal/LawLegal/Law FRCP & Local RulesFRCP & Local Rules Duty of Counsel – Duty of Counsel –

Obligations, PlanningObligations, Planning PreservationPreservation Litigation Hold & NoticesLitigation Hold & Notices Regular Evaluation/Review of Regular Evaluation/Review of

Department, Processes, & Department, Processes, & ProceduresProcedures

COC (chain of custody)COC (chain of custody) Avoidance of SpoliationAvoidance of Spoliation E-discovery IssuesE-discovery Issues

Technical/Litigation SupportTechnical/Litigation Support Data Storage and FormatsData Storage and Formats Data MappingData Mapping HashHash Filtering/Early Case Filtering/Early Case

AssessmentAssessment MetadataMetadata FilteringFiltering Litigation Technology – Litigation Technology –

OverallOverall Digital Evidence Collection Digital Evidence Collection

Protocols/Computer ForensicsProtocols/Computer Forensics Client ConsultingClient Consulting Pre-Processing Pre-Processing Tech Time vs. Billable Time Tech Time vs. Billable Time

(Litigation Support Billable (Litigation Support Billable Requirements)Requirements)

Internal CapabilitiesInternal Capabilities

Internal and External Education (legal & non-legal, CLE)

Why?Why?

Understand Processes (Hold through Understand Processes (Hold through Trial)Trial)

Manage ExpectationsManage Expectations Avoid SanctionsAvoid Sanctions Client Understanding of ChargesClient Understanding of Charges Justification for ResourcesJustification for Resources Better Understanding of Internal Better Understanding of Internal

“Business”“Business” The Better Off We are Going to Be…it’s The Better Off We are Going to Be…it’s

only going to get worse.only going to get worse. Decisions Need to be MadeDecisions Need to be Made

What Do We Need To Do?What Do We Need To Do?

Assuming there is support, where do I Assuming there is support, where do I have to go to make sure that the have to go to make sure that the financial and focus support is financial and focus support is available?available?

Investment – Time, Money, PeopleInvestment – Time, Money, People

Changes – Processes, Procedures, Changes – Processes, Procedures, StructureStructure

Misc. QuotationsMisc. Quotations

““Operating the department as a Operating the department as a company will provide the structure and company will provide the structure and rules required for long-term rules required for long-term operations. Without them, projects operations. Without them, projects may suffer and the department may suffer and the department becomes a financial drain on the firm“becomes a financial drain on the firm“

Lieb, Mark R., 2005. Lieb, Mark R., 2005. Litigation Support DepartmentLitigation Support Department, San Diego, CA: Ad Litem Consulting, Inc., San Diego, CA: Ad Litem Consulting, Inc.

Misc. QuotationsMisc. Quotations

““e-discovery is more than a business e-discovery is more than a business -- it is an increasingly important piece -- it is an increasingly important piece of litigation, and lawyers need to of litigation, and lawyers need to have a common language and more have a common language and more predictable results in order to satisfy predictable results in order to satisfy the demands of clients, judges, as the demands of clients, judges, as well as the interests of justice. .”well as the interests of justice. .”

Krause, Jason, 2010. Krause, Jason, 2010. Confusion Carries the Day in E-DiscoveryConfusion Carries the Day in E-Discovery Available at http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp? Available at http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202446546213&Confusion_Carries_the_Day_in_EDiscovery [Accessed 26, March 2010].id=1202446546213&Confusion_Carries_the_Day_in_EDiscovery [Accessed 26, March 2010].

Q&AQ&A

Feedback?Feedback? Questions?Questions? Ideas?Ideas? Next Steps?Next Steps? Priorities?Priorities?

Thank youThank you