disaster: what your firm should...
TRANSCRIPT
Ungoverned Information Equals LitigationUngoverned Information Equals Litigation Disaster: What your firm should do
IGPG ‐3
HousekeepingHousekeeping
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The Information Governance and Litigation Support Edition
Lit Support and IG JeopardyData
Intake
DataRetention and
Disposition
VendorManagement
Potpourri
$100$100
$200 $200$200
$300 $300$300
$400 $400$400
$500$500$500
Data Intake - $200Data Intake $200
Via paralegals, via attorneys, via litigation support people, on DVD, on hard drive, via FTP, i il i i i ivia email, via courier, via passenger pigeon.
What are the different ways client data can yenter the firm, making a data intake process vital?– Data proliferation
Where and how to handle
Data Intake - $300Data Intake $300
f Defined roles and responsibilities, centralizing a process, training and compliance.
What are some of the challenges with implementing a data intake process?– Clients
How they submit data Conflicting definition of sensitive data.Conflicting definition of sensitive data.
– Centralized location a mixed bag– Security risks– User compliance– Data volume
Data Intake - $400Data Intake $400
Limit app o ed eposito ies tili e e isting RM Limit approved repositories, utilize existing RM systems and personnel, provide consistent education and find an executive sponsor in theeducation, and find an executive sponsor in the litigation group.
What are some of the best practices for What are some of the best practices for implementing a Data Intake process?– Standard intake procedures and processp p– Training/education on same– Security standards and auditing of same by clients– Limiting approve repositories– Using the RMS as a tracking system
Data Retention and Disposition - $100Data Retention and Disposition $100
The process of applying lifecycle management The process of applying lifecycle management practices to client and firm information.
What is Data Retention?Wh i thi i t t– Why is this important Defensible position Economics Space (both physical and electronic) Risk
Data Retention and Disposition - $200Data Retention and Disposition $200
The document that determines when materials The document that determines when materials should be returned, destroyed or retained.
What is a Retention Schedule?– Key Points
Systematic Systematic Inclusive of all sources and media types Client and Firm material
Data Retention and Disposition - $300Data Retention and Disposition $300
Legal holds, subpoenas, client instructions, Legal holds, subpoenas, client instructions, settlement agreements, protective orders, court orders.
What events can supersede your own firm’s retention policy?retention policy?– Outside counsel guidelines– Claim against your firm (whose work product is it?)– Claim against your firm (whose work product is it?)– Client wants to re-use data to respond to non-party
subpoenas
Data Retention and Disposition - $400Data Retention and Disposition $400
Multiple storage locations, education, the cloud, Multiple storage locations, education, the cloud, resources, and zombies.
What are retention and disposition challenges?We made up zombies– We made up zombies.
– Challenges– Best PracticesBest Practices
Data Retention and Disposition - $500Data Retention and Disposition $500 Via document production, sent to experts, used
as deposition exhibit used as trial exhibit sentas deposition exhibit, used as trial exhibit, sent to graphics vendor, sent to jury consultant, produced to third party, copied to attorneyproduced to third party, copied to attorney laptop, co-location backups.
What are all the ways data can proliferate and leave your firm?
Vendor Management - $100Vendor Management $100 Examining the vendor’s protocols for data intake,
data security, data transport, and data disposition to ensure they are compatible with the firm and client’s information governancethe firm and client’s information governance standards.
What is a mouthful, or vendor vetting?– Pre-vetting of vendors– RFP process– Do homework– Clients win
Vendor Management - $200Vendor Management $200
Your vendor’s capabilities and protocols regarding the transmission of data outside the four walls of the vendor’s facilityfour walls of the vendor s facility.
What is your vendor’s encryption/transfer policy?– Use of Physical Media– Using your firm’s policy
D li ith th t ff t– Dealing with the extra effort
Vendor Management - $300Vendor Management $300
The vendor’s policies regarding where and how data is stored (should conform to the policies of the firm and/or client)the firm and/or client).
What is the vendor’s evidence intake/storage l ?policy?
– Chain of custodyTh l d– The cloud
– No country for old data– What’s the catch?What s the catch?
Vendor Management - $400Vendor Management $400
Set guidelines, require project budgets, timelines and follow up.
What is how clients manage law firms as vendors?– Outside Counsel guidelines– Performance evaluation
Potpourri- $500Potpourri $500
Y-O-U!
What is “Who will be blamed if something bad happens to or because of client materials in thehappens to, or because of, client materials in the firm’s possession?”– LegalLegal– Finance and reputation– The front line
Final Jeopardy ThoughtsFinal Jeopardy Thoughts
Persevere despite overwhelming problem– Eating the elephant (one bite at a time)
E ti hi Executive sponsorship Educate end users Identify and promote efficiencies Organizational change management
Final Jeopardy ThoughtsFinal Jeopardy Thoughts
Audience questions
What I need to bring back to my firm – can you What I need to bring back to my firm can you help?– Organizations that can help g p
Law Firm Information Governance Symposium– eDISCOVERY AND INFORMATION GOVERNANCE TASK FORCE REPORT
– EDRM Information Governance Reference ModelEDRM Information Governance Reference Model– Information Governance PG at ILTA
Contact usContact us
Te esa B itton te esa b itton@e elonco p com Teresa Britton [email protected] Brian Jenson [email protected]
C li S S C li @d Caroline Sweeney [email protected] Gillian Glass [email protected]
Special thanks to Charlene Wacenske and Brian D t h k d thi t ti ithDonato who worked on this presentation with us.