In Part One of this article, we take a broad look at what e-discovery in fact, defines the basic terminology, and check out some of the technologies that affect the field. Now, Part Two final, we will explore in more detail the technology, sending security technologies, and to establish how all this affects you, as practitioner.
TECHNOLOGYThe technologies used for e-discovery is constantly changing and improving. Well, if the increase at this level, then why do you need to get some technology to help you now? Because, like cell phones and computers, has become an inevitable part of the practice of law. New phones come out all the time, but you probably will change every three months. Similarly, recent advances increase the coverage and speed of e-discovery tools all the time, but you do not need to change your routine technology, but just to get some reliable and proven technology that is looking forward to help you in this regard. Technology or software to assist you in e-discovery practice you can host on your computer or stay somewhere else, such as a server or cloud vendor. Each option has their own security issues to protect client data. Of course, the decision of which method that can be done utilizing only after exploring the options with the vendor. Many vendors offer multiple versions of the same technology for those who want to self-host or who want to have remote access to technology data.
While there to assist you in the classification of data gathered or obtained from the client and a third party, you should also be aware that the technology are there to assist your clients in the maintenance, care, and produce ESI. To complement this software, it’s never too early to start discussing the litigation hold policy for your client and even develop internal training strategy for employees and contractors to prevent accidentally losing important ESI.
Whatever route to take and if any technology late to choose to assist you in handle and produce ESI, you are faced with the decision of how much control to give the computer / software “brain”. Currently, it is a hot button topic in federal court and has been discussed in several recent federal opinion. Software that helps us in finding the voluminous data allows the software to make decisions relating referred to as “computer-assisted study”, “computer-assisted coding” and “: Predictive coding”. This is in contrast to the technology using various search methods, such as key words, where the software and not the identity of the keywords specified in the document and leave the final decision to competently respond to practitioners. Obviously, the first method is arguably more sophisticated program, but the process itself should be reliable to be maintained in court later when problems arise, which brings us to the problem defensibility.
DEFENSIBILITYAlthough, this time, we may in the Florida State Courts somewhat uncharted waters, can be inferred from parallel developments in the federal lawsuit in which ESI processing procedures can be questionable in some cases. While the argument could be that the extermination procedure is protected work product, may also be appropriate for the Court to investigate the methods used in certain cases to determine, for example, whether the imposition of appropriate sanctions or balancing on which party should bear the cost of production of a party or a third option party.
In software to help you with e-discovery or a third party vendor to do the work, you will want to ask the method used in the software and track record in order to avoid a potentially costly situation in other cases in which you are called to defend the method used in production. That does not mean that the analysis with the help of computers or technology somehow improper or untested prediction coding, but just need to be aware of technology that you are using is not different from the expert techniques such employ.
SO understand How IT ALL affect you? This brings us to the all important question is why you should care about any of them. E-discovery has become an important part in the civil and detection of the true potential for various sanctions.
In recent months there have been some highly visible cases in which sanctions were imposed by the Court of e-discovery violations. Can control the contrary evidence of exclusion and post-trial jury instructions finds that the effects of monetary appeal.
Sanctions party and can also be run against the party or even, in some cases, directly to a lawyer to assist in the client’s electronic data secrete. Similarly, the production of any privileged material on e-discovery can be considered legal malpractice. So, the lesson is to bring all the new obligations for lawyers now advise their clients ESI and manage data, therefore, lawyers must understand the legal field, as well. This “brave new world” of e-discovery is here to stay and should be embraced and integrated skills throughout Florida civil lawyer. This is conceptually no different from traditional detection. This ignores, however, can be dangerous and costly, while mastering nuances can make you more efficient, cost effective, and provide better service to your clients.