5 things municipal lawyers need to know about ediscovery

5 Things Municipal Lawyers Need to Know about eDiscovery

Presenters Joshua Lenon Joshua@goclio.com @JoshuaLenon Linkedin.com/in/joshualenon

Betty Montoni eDiscovery Specialist Thomson Reuters 647 289 1166

betty.montoni@thomsonreuters.com

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Agenda 1.  How eDiscovery knowledge brings value to legal

departments and reduces eDiscovery costs

2.  Best practices for managing eDiscovery

3.  Managing litigation holds and discovery requests

4.  Effective partnerships with general counsel – In-sourcing vs. Outsourcing or hybrid model

5.  How to use eDiscovery tools for document review

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Realities of Paper Discovery

•  Lawyers spend up to 40% of their time looking for documents

•  Documents are copied an average of 17 times •  Sifting through multiple copies of documents, trying

to make sense of others’ notes, looking at post-it notes that have fallen off documents wastes a lot of time and causes a lot of hassle. This time is not billable, and the redundancy this creates involves a huge loss in productivity

P R O F I T A B I L I T Y

EFF I C I ANCY

A C C U R A C Y

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Adding eDiscovery Knowledge Brings Value •  Control of the documents by identification

•  Reduced costs especially at the review and processing stage

•  Reduced risks at the identification, preservation and collection stages

•  Management of smaller cases in-house versus outsourcing

•  Litigation readiness = efficiency

•  Leveraging technology

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Best Practices •  Controlling costs requires an efficient and effective

records management plan in place long before an ediscovery request

•  Retention policies – be proactive rather than reactive

•  Establish teams before the need arises and define roles

•  Information management and governance

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Best Practices •  Document each stage – gathering, culling,

reviewing, organizing and producing data – must be documented for defensibility at a later date

•  Create a bifurcated approach with outside counsel;

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Litigation holds and discovery requests •  Important to keep litigation holds near the forefront •  Preserve all relevant data well after litigation hold has

expired in accordance with your records retention policy •  Periodically remind employees about the litigation hold •  Utilize multiple means of communication to the potential

document custodians. •  Maintain effective, defensible chain of custody records •  Carry out custodial interviews •  Establish an IT contact that understands all of the digital

sources and resources available for proper evidence collection

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In-House vs. Outsource Consideration •  Complexity of the case •  Security or business relationship •  Costs, services, function •  What can you take on – Collection? Culling?

Processing? •  Resources – can you manage the doc review

process with current staffing?

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In-House vs. Outsource Consideration •  Risk

–  Sensitivity of documents –  Governance and regulations around data –  Project length –  Continually evolving data sets –  Changes in parties –  Host with general counsel

•  Behind the scenes consideration –  Infrastructure –  Size –  Training staff

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In-House vs. Outsource Consideration •  Outsource

–  Who controls how the information gets into the firm? –  Create a bifurcated approach with outside counsel –  Prepare ahead of time – preserve, collect –  Leverage Technology

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Integrating E-Discovery

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Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net

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Integration Requirements

• Forward and backwards looking• Agnostic Tools• Collaborative

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Forward and backwards looking

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Litigation Holds & Backups• Clients need data management policies on what what to retain.

• Clients need to store information in central, accessible repositories.

• Lawyers need to be able to communicate need for holds.

• IT needs to be able to segregate data

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Agnostic Tools

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Agnostic Tools

• EDRM lists over 200 suggested file types for turning over ESI

– Native, Near-Native, Image, Paper

• Pick tools that can handle varied data formats & metadata

Nextpoint accepts hundreds of different file types

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Collaborative

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E-Discovery Collaboration

• Rules encourage communication and negotiation between parties on e-discovery

– Dates– Formats– Presentation

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Powerful collaboration tools

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Leveraging Technology to Manage your Documents and to Manage your case

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Data Agnostic:

Ingest native documents, PSTs, load files & more

Automatic document organization

(IntelliFolders) List views

CaseLogistix

Flexible User Interface

•  Accommodates individual user needs.

•  Easy to customize and make templates for re-use

Code Documents

•  Drag and drop into folders

•  Customizable coding panels

•  “In the grid”

Quickly organize, review, analyze and produce documents and Electronically Stored Information with Case Logistix

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Collaboration (Case Logistix)

Communicate/Track Issues with Tags

View Notes and Redactions

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Organization (Case Logistix)

Document List

(Sortable)

Folders

(Filter by Data)

Document View

(Native v. Mark-up)

Simple and Advanced Searching

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Analytics and Analysis Tools (Case Logistix)

Group by Email Threads and Near-Duplicates

Filter by Concept Clusters

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Case Notebook

Leverage Case Notebook to organize, analyze, and share key case documents with greater efficiency and effectiveness.

Flexible document grouping and reporting

OCR integration allows full document search

Ability to conduct realtime discoveries

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CLX and WLN integration

Send research with annotations directly from WestlawNext into Case Notebook

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OCR technology enables users to quickly find what they need by running a search across case documents and information

mold

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Track important issues by adding color coded annotations

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Easily get a bird’s eye view of key facts gathered

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After discovery, make note of key testimony using the transcript summary tool

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Task Minutes to complete without eDiscovery

tools

Minutes to complete with

eDiscovery tools % reduction

Locating a specific document 123 9 93%

Searching for a note you made on a document 37 8 78%

Reviewing the key facts in your case 338 105 69%

Copying text from a document...into your word processor or PowerPoint 145 46 68%

Pulling together all information in your case file related to a particular issue 353 121 66%

KeyCiting your research file 107 37 65%

Creating an outline (for discovery trial, etc.) 324 159 51%

Summarizing a transcript 265 157 41%

Drafting - writing a motion, memo or brief 770 558 28%

Benefits of Leveraging Technology

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•  Organization •  Maintain documents in centralized location •  Retain metadata for easier review

•  Collaboration •  Share and preserve notes from other lawyers

•  Efficiency •  Save time moving documents from phase to phase •  Leverage work already done during discovery review •  Avoid duplication of efforts

Benefits

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Proportionality in Various Jurisdictions

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Canada

• Proportionality introduced in 2009-2010 in Nova Scotia, Ontario, Alberta, and British Columbia

• Important new standards:– Materiality trumps relevance– Evidence required for additional

document demands

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United Kingdom• “Proportionate costs” entered as part of the 2013 Jackson Reforms

• Parties make the assessments about scope, method and cost

• “Standard disclosure” costs must be disclosed• Court may make disclosure orders based on “overriding objective”

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United States

• Proposed Changes to FRCP Rule 26– Brings proportionality into the

SCOPE of discovery• Makes ESI preservation plans required

• Changes to sanctions

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Thank YouJoshua Lenon

Joshua@goclio.com

@JoshuaLenon

Linkedin.com/in/joshualenon