I hope you continue to find the articles, tips, and tools in The Discovery Update helpful. This month, we’ve included articles on deposition questioning, protecting sensitive data in discovery, and some tips on how to visually capture a scene for litigation.
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If You Don't Know the Answer, Then That's Your Answer
By Dr. Ken Broda-Bahm
As the question hangs in the air, you can see the tension working on the witness. Her face screws up, she looks at the ceiling, tenses her shoulders, and delays. As you call for a time-out in the preparation session, the witness blurts out, “What should I say? I don’t know the answer!” Well, the attorney and consultant patiently explain, if you don’t know, then perhaps that should be your answer. As long as the witness has done her homework in knowing what she should know, and as long as she isn’t using it as an evasive tactic, then “I don’t know” is going to be the only correct answer to that question. For attorneys and those who work with them, that advice is pretty obvious. Only it isn’t always so clear on the witness’s side of the table. Saying “I don’t know” can feel like failing a test, looking stupid, or falling into opposing counsel’s trap.
Some Things Don’t Need to be Discovered. Protect Sensitive Data in Discovery
By Maureen O'Neill, DiscoverReady
Today’s corporate information systems are awash with highly sensitive data. Whether it’s personally identifiable information (“PII”), personal health information (“PHI”), financial and payment information, intellectual property and trade secrets, source code—the list goes on—sensitive information exists in virtually every collection of data. It’s found in expected locations, like organized, well-managed databases; but it’s also found in many unexpected places, like individual email accounts, “personal” folders on employees’ computers, and freely-shared network folders. And as DiscoverReady’s clients can attest, this stew of sensitive information is finding its way into litigation and regulatory discovery. Read full article
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