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While text messages and email have the appearance of reliability, technological advances have, over time, rendered many digital communications less static and more open to manipulation.
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If savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.
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Part One of a Two-Part Series The legal industry today is experiencing a massive uptick in cloud-based discovery. The shift to remote and hybrid work and changing attitudes toward the cloud are significant factors in the movement to widespread adoption of cloud-based discovery. This article explains the momentum behind the rise of cloud-based discovery and the business reasons why companies will have to embrace it.
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A recent opinion in Illinois raises the question of whether spoliating parties should be encouraged to present the following defense at trial: "Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it's only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence."
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New e-discovery cases continue to proliferate, spotlighting key trends regarding the handling of ESI in litigation.
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Best Practices to Simplify Future E-discovery Part Two of a Two-Part Series Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
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Part One of a Two-Part Series The informality of chat culture not only makes chat data harder to search, it also results in huge volumes of a new kind of data that must be processed in unique ways before it can be reviewed.
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It's fascinating how quickly the industry has shifted from the days when e-discovery teams would spend weeks digitalizing and coding vellum, microfiche and paper documents to where we are today with dynamic and varied processes to deal with a plethora of electronic sources. Among these are websites, which can provide deep insights in discovery, but have been largely forgotten as a source of evidence.
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Basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians may not be enough in some instances. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.
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The thinking in the legal world regarding e-discovery has so changed that, as with many other ideas and tools that were once novel, those ideas lost their novelty as those in the legal community became comfortable with them and thought of them as simply different ways of articulating ideas and tools long used in the legal world.