The Discovery Update – February 2008


The Discovery Update – February 2008

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February 2008

From the President

Happy New Year! We hope that 2008 brings you and your firm new business development opportunities and prosperity in every way.

With the landscape of e-discovery continuing to change at such a quick rate, we understand how critical it is for you to stay informed and position your practice accordingly in order to best serve your clients.

In 2008, we will continue to provide you, our clients, with useful discovery information and tools. Although it’s unusual for a court reporting agency to take such a genuine interest in the legal community beyond court reporting, we are committed to continue helping our clients in this way.

As always, we welcome your suggestions and comments and we would like to share articles you have written with our readers as well.

With warm regards,
Sheila Atkinson-Baker

When and Why Should You Start and E-Discovery Team

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

Should every organization have an e-discovery team? If a company has only a few computers, say less than 100, or rarely gets sued and has less than 3 lawsuits going at a time, then it does not need one. It is probably cheaper to just hire outside counsel and vendors to handle e-discovery cases when they occasionally arise. But for everyone else, especially in these times of cost-cutting budgets, it is a necessity.

That is because, as my friend Ed Foster likes to say, it can save your company boatloads of money! It saves on outside counsel fees and e-discovery vendor costs. It also saves on inflated settlements to avoid the expense, hassle and risks of e-discovery. Yes, a corporate e-discovery team does cost some money to set up, but as Benjamin Franklin said: “An ounce of prevention is worth a pound of cure.”

Today millions of British pounds and U.S. dollars are being spent on e-discovery cures. This expense is a harsh reality of litigation. So too are the risks, mistakes and sanctions that frequently occur when a company puts its fate in the hands of ill-prepared legal counsel or profit-motivated vendors. Even in the best of circumstances, it is all too easy for a medium or large-sized company to burn through a few million dollars in e-discovery expenses in just a couple of months. See Kentucky Speedway, LLC v. NASCAR, 2006 U.S. Dist. LEXIS 92028 (E. D. Ky. Dec. 18, 2006).

The solution is for a company to take control of its information and its e-discovery activities, and not ignore the problem or over-delegate it to others. This means forming an internal e-discovery team.

Read Full Article >>

When and Why Should You Start an e-Discovery Team?

Depositions: How to Stop Coaching

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Depositions: How to Stop Coaching 
Attorney:  Have you ever heard of Sigmund Freud?Juror:  Yes.Attorney:  What have you heard?Juror:  He’s in Las Vegas.The Court:  I think you’re thinking of Siegfried & Roy, aren’t you?

Juror:  Oh, yeah, I guess so.

Attorney:  This guy was a little older than that.

© 2008