INFORMATION MANAGEMENT IN THE DISCOVERY PHASE A.HOW TO HANDLE INFORMATION GAINED THROUGH INFORMAL...
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INFORMATION MANAGEMENT IN THE DISCOVERY PHASE A. HOW TO HANDLE INFORMATION GAINED THROUGH INFORMAL DISCOVERY What is informal discovery and what are the advantages Admissible? Is it admissible as evidence? When can information be gathered? Will people be willing to talk? Why collect it early? Who do you want to depose?
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Transcript of INFORMATION MANAGEMENT IN THE DISCOVERY PHASE A.HOW TO HANDLE INFORMATION GAINED THROUGH INFORMAL...
INFORMATION MANAGEMENT IN THE DISCOVERY PHASE
A. HOW TO HANDLE INFORMATION GAINED THROUGH INFORMAL DISCOVERY
What is informal discovery and what are the advantages Admissible?
Is it admissible as evidence?
When can information be gathered?
Will people be willing to talk?
Why collect it early?
Who do you want to depose?
Cynthia Maw
I don't think this needs to be underlined. Caps will do.
© 2 00 3, Mar k & Associat es. All Righ ts Reser ved.
Cost/Benefit Analysis of a 5,000 page collection
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Number of Searches in the Document Collection
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1. Client Interviews
Should the paralegal participate in the client interview?
Should the paralegal request key documents?
What is the paralegal’s role in the interview?
What kind of information should be collected in the interview?
Cynthia Maw
I don't know exactly what you are presenting - but it seems to me the second arrow should be third.
2. Third Party Witness Interviews
Who can you talk to?
What do you need to tell the witness when you contact them?
What is the paralegal’s role in the interview?
What kind of information should be collected in the interview?
3. Surfing The Net
What is the golden rule about the internet?
Which sites are the most credible?
How are results listed?
What kind of information can you collect?
INFORMATION MANAGEMENT IN THE DISCOVERY PHASE
B. FORMAL DISCOVERY - REQUEST FOR DISCLOSURES AND PRODUCTION
What are the definitions?
What information can be gathered?
How will the information be used?
Cynthia Maw
I don't think this needs to be underlined. Caps will do.
INFORMATION MANAGEMENT IN THE DISCOVERY PHASE
C. FORMAL DISCOVERY - INTERROGATORIES AND REQUEST FOR ADMISSIONS
What are the definitions?
What information can be gathered?
How will the information be used?
What are the limits?
What is considered private?
What is privileged information?
1. New terms relating to e-discovery.
Cynthia Maw
Are you going to list those terms? Are they alread in the handouts?
Cynthia Maw
You shouldn't end a sentence with a preposition.
2. Spoliation
Are there procedures in place to enforce a litigation hold?
Can you collect the documents without destroying the metadata?
How can you maintain the chain of custody for the documents?
3. Identifying The Data Universe
What types of documents are relevant to the issues?
What documents are relevant to the issues?
How are the documents physically stored?
Cynthia Maw
Aren't the first two arrows the same? forth arrow - ended with a prepositon.
4. Information About Personnel
Is there an organization chart?
What IT resources are available?
Cynthia Maw
Just a note - it would be very nice if that organizaitonal chart showed if the person had a computer (laptop, PDA, Blackberry) and if they store documents and emails on that computer or if the computer is networked and stores it all on a server.
5. Computer Hardware
What device types are used to store their information?
Where are the devices located?
Cynthia Maw
What interview?
6. Overall System
Are there document retention procedures?
Are the retention procedures enforced?
Is there a backup system?
7. Telephony
8. Other Sources Of Electronic Evidence
Are hand held devices discoverable?
Are removable storage devices discoverable?
Cynthia Maw
How about adding: Are automobile computers discoverable? For those insurance lit paralegals.
Cynthia Maw
You may want to get into things like are files deleted from MySpace discoverable? And say the courts are still sorting things out.
DOCUMENT CONTROL AND LITIGATION SUPPORT
D. DEPOSITION PREPARATION, ORGANIZATION AND MANAGEMENT
What do you need to review to prepare for depositions?
Why do you care how many parties are there?
Do you have co-counsel?
Who arranges for the court reporter?
Should you arrange for a video deposition?
Has your witness been deposed before?
Will the court reporter give you hard copies or a CD with exhibits?
Cynthia Maw
1. Web Repositories
Why use a web repository?
2. CD Review
What do you need to conduct a CD review?
What information should be on the CD?
Cynthia Maw
This is identical to #15. Should it be?
3. Organizing The Paper
Should you pre-number deposition exhibits?
How many copies will you need?
How does your attorney want the paper organized?
DOCUMENT CONTROL AND LITIGATION SUPPORT
A. DEVELOPING DATABASES THAT CONSIDER WHAT INFORMATION WILL BE ACQUIRED AND HOW IT WILL BE USED
What is a database?
When should you use a data base?
What format is your data in?
Should privilege documents be in your discovery document database?
How many people need access to the data base?
Where are those people located?
How will documents be reviewed?
Cynthia Maw
I don't understand the title. I understand you didn't chose it.
Cynthia Maw
Shouldn't the privilege question be later? Aren't they put in, marked as privilege and then moved?
1. Documents
What kind of information should be collected?
What subjective fields should you have?
Should documents be OCR’d?
Cynthia Maw
First Arrow - do you mean 'in what form do you want the documents received?"
Cynthia Maw
5th arrow - do you mean what kind of documents should be collected?
2. Abstract - Interview - Chronology
What is wrong with keeping interview notes in word processing format?
How should notes of your interviews be structured?
How does this make your life easier?
Cynthia Maw
If you are going to suggest they put the notes into a data base, then leave the questions here - otherwise move them to the other session on interviewing witnesses.
3. Deposition List
What is wrong with keeping deposition data in word processing format?
What fields do you need?
How does this make your life easier?
4. Deposition Exhibits
What is wrong with keeping deposition exhibits indexes in word processing format?
What fields do you need for the deposition exhibits?
How does this make your life easier?
Cynthia Maw
I think it would be nice to say that even if they don't have Summation putting it into an excel spreadsheet will help a little bit more than word doc.
5. Pleading Index
What is wrong with keeping interview notes in word processing format?
Cynthia Maw
I suggest you get different text for this arrow.
6. File Index
What is wrong with keeping interview notes in word processing format?
Cynthia Maw
Ditto with note 18
7. Privilege Log
What is wrong with keeping privilege indexes in word processing format?
What fields do you need for the privilege indexes ?
Cynthia Maw
OOOOOOO Wouldn't it be cool to show one of John's filemarker Pro databases, you could show it with 100 docs - some marked privilege. You could do a sort on the fly and show how easy it is to create a privilege index. - or a chronology or a timeline.
8. Witness Table
What is wrong with keeping privilege indexes in word processing format?
What fields do you need for the witness table?
How does this make your life easier?
Cynthia Maw
arrows say privilege.
DOCUMENT CONTROL AND LITIGATION SUPPORT
B. SELECTING AND USING DOCUMENT MANAGEMENT SERVICES
What are document management services?
What is E-Discovery?
What does an E-Discovery Vendor do?
How do you chose a vendor?
1. Determine The Need
What have you requested from opposing counsel?
What has opposing counsel requested from you?
How is information/documents to be produced?
2. Compile A List Of Vendors
Where do find vendors?
Cynthia Maw
How about: network - ask associates who they use. Make a pitch for the Litigaiton Support Users Group. I suggest you mention that the size of production will help determine which company to go with also.
Cynthia Maw
You may want to take a minute to difference between harvesting ED and foreniscs work.
3. Familiarize And Understand The Technology
Do you understand the basics of EDD?
Do you know a technologically savvy paralegal?
4. Create A RFI
Cynthia Maw
Shouldn't the last question be first?
5. Get References And Check Them
Did you check out the vendor’s web site?
Did the vendor provide customer references?
Cynthia Maw
Maybe #2 should be Check out their website but remember anyone can hire a firm to create an impressive website.
6. Get Resumes of Staff
Are any of the staff certified?
Has the person doing the forensic work defended his work in a deposition setting?
Has the person doing the forensic work defended his work at trial?
7. What Is The Companies Turnover Rate?
8. Request A Presentation Of The Services
9. Facilities
Where will the work on your documents take place?
Should you take a tour of the facilities?
Cynthia Maw
Can you add to #1 - will the work be sent overseas?
10. Capacity
Does the vendor have enough resources to complete your project within your time table?
11. Security
What are the vendor’s security procedures?
Who will have access to your documents and data?
Does the vendor have confidentiality agreements?
Is there a chain of custody procedure?
DOCUMENT CONTROL AND LITIGATION SUPPORT
C. HOW AUTOMATED DOCUMENT MANAGEMENT SYSTEMS CAN BE USED EFFECTIVELY
What system do you use to manage your cases now?
What problems or frustrations have you encountered with this system?
1. Organize Document And Case Management Information
Where is the relevant case information stored?
Does more than one person need access to the data?
If more than one person needs access, where are these people located?
Can your storage system produce custom reports?
Cynthia Maw
Arrows are off.
2. Build On Previous Cases
How can you incorporate pervious experience in to new cases?
How easy is it to move people between cases?
Cynthia Maw
I don't understnd this screen.
DOCUMENT CONTROL AND LITIGATION SUPPORT
D. COMPUTER IMAGING AND SCANNING
Why go to the expenses of imaging?
At what volume should I scan and image?
Should I do it in-house or use an outside vendor?
What information do I have to provide to the scanning vendor?
What should I get back from the vendor?
1. Paper Documents
What is a DPI and why do I care?
What is the condition and make-up of my documents?
Electric or manual labeling?
Cynthia Maw
I wouldn't take time to explain DPI.
2. Electronic Documents
Native or TIFF’s?
What application created the documents?
What is metadata?
If I cannot label native files, how do I control them?
How do I redact native files?
3. Benefits
How does imaging help me control my documents?
When do the benefits out weight the cost?
DOCUMENT CONTROL AND LITIGATION SUPPORT
E. ASSEMBLING DOCUMENTS AND COPIES FOR OTHER PARTIES
Does anyone still produce hard copies of documents?
What are the changes from the traditional document production of hard copies?
1. Imaging v. Native
What is a native production?
How does e-discovery software help you produce documents?
Cynthia Maw
Isn't this a bit late in the program. Your discussion included native files a few screens ago.
2. Meta Data
How is Meta Data produced?
3. CD v. Online
What is online review?
Why would you use online review?
Why would you use CDs?
DOCUMENT CONTROL AND LITIGATION SUPPORT
F. NOTEBOOKS – THE WHAT, WHEN AND HOW
Cynthia Maw
Well we certainly skipped this topic.
DOCUMENT CONTROL AND LITIGATION SUPPORT
G. SPECIAL ISSUES RELATING TO DOCUMENT INTENSIVE CASES
Has e-discovery increased the number of document intensive cases?
Are you spending more time discussing non-paper evidence and how to collect it?
Is the cost to respond to the discovery request becoming a significant issue?
Are you seeing the method of collecting the responses to discovery request being impacted by the volume of the production?
1. Consistency
Why should you care about consistency?
Cynthia Maw
Consistency of what?
2. Duplicate Evidence
How do you de-duping?
Cynthia Maw
Boy there is a topic that can take 35 minutes.
3. Volume
What are practical ways to reduce the volume?
4. Everything Else You Forgot To Ask
HOW EXPERIENCED PARALEGALS USE CASE MANAGEMENT STRATEGIES TO PREPARE FOR TRIAL
D. Advance Planning With the Clerk and Other Court Staff
Cynthia Maw
May I assume this is not completed yet?
1. Schedule Meeting With Clerk And/Or Bailiff
Ascertain whether the laptop presentations accommodate the programpackages in existence - PowerPoint, Socrates, et
What if the power goes out during a presentation or a trial -- what are the backups and alternatives?
What if opposing parties have the same equipment needs?
2. Control Of The Presentation
Should the presenting attorney run the electronics show or should the assistant/paralegal perform the role of responding to verbal or scripted cues from the presenting attorney?
What controls are in place that prevent exhibits that have not beenadmitted or stipulated from being presented to the jury without causing evidence problems?
If the paralegal/assistant is running the laptop, whatcontrols prevent unadmitted data from being inadvertently presented?
3. Preferences For Computer Presentation
At what point does electronic presentation result in overwhelming a jury or even the Court (Microsoft, et al).?
Should you have a dry run?
What are the courtroom’s preferences?
4. Determine Best Areas For Computer Set Up And Screens
Should the paralegal coordinate with counsel to arrange a scenario of courtroom presentation?
How would the paralegal make those determinations?
