The Discovery Update – December 2007


The Discovery Update – December 2007

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December 2007

From the President

We are very grateful this holiday season for the opportunities to provide you with the full spectrum of court reporting services nationwide.

Working with you has been very rewarding to us as we continue to strive to give you the best quality of service possible and to stay one step ahead of your needs.

As always, we welcome suggestions or comments you may have, or you can submit articles you have written that you feel would benefit other legal professionals in the area of discovery.

Happy Holidays,
Sheila Atkinson-Baker

Authenticating E-Mail Discovery as Evidence

By Beatrice O’Donnell and Thomas A. Lincoln
Duane Morris, Philadelphia Office

With the recent passage of the amendments to the Federal Rules of Civil Procedure, the legal press has been filled with articles containing e-discovery advice. At some point, “e-discovery” will need to be converted into “e-evidence” for the purposes of summary judgment or trial. When you’re faced with having spent your clients’ time and money to both produce e-discovery and mine your opponents’ e-discovery to find the “smoking gun,” it’s critical to ensure you can get those e-mails into evidence — or keep them out.

Many practitioners think that e-mails are like business letters and will be admitted into evidence just as easily. E-mails, however, may be more prone to problems of authenticity and hearsay than traditional written documents.
Read More …

Litigation Survey Suggests Future of E-Discovery

By Ralph Losey
Co-Chair, e-Discovery Group;
Chair, ERISA Litigation Group
Akerman Senterfitt, Orlando, FL

A recent survey of over 300 corporate counsel on litigation issues suggests that the internal team approach to e-discovery is a fast growing trend for mid to large size companies. In 2007, these companies turned primarily to e-discovery vendors to help form and support these teams, not outside counsel.

I predict the internal team approach will continue, but in coming years, the dynamics will change. Corporations will rely more on independent law firms and consultants to help them operate these teams, rather than e-discovery vendors. Vendors will still be core members of the team, but the lead will be assumed by impartial experts with nothing to sell but their time.

The study in question was sponsored by Fulbright & Jaworski. It surveyed 253 U.S. corporate counsel and 50 U.K. corporate counsel.
Read about the findings …

Authenticating E-Mail Discovery as Evidence

Litigation Survey Suggests

Future of E-Discovery

Depositions: How objections

Are Resolved for Trial

26 E-Discovery Trends for 2008

Schedule Your Depo Now!

Depositions: How Objections Are Resolved for Trial
Read article »
26 Electronic Discovery Trends for 2008
Read article »
Be Sure to Ask About Your Request for Production of Documents
Corporate-Representative Depositions: Are You Limited to the Topics in Your Notice? 

“To me, a lawyer is basically the person that knows the rules of the country. We’re all throwing dice, playing the game, moving our pieces around the board, but if there is a problem, the lawyer is the only person who has read the inside top of the box.”

– Jerry Seinfeld

© 2007