The Discovery Update – February 2014

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01Feb2014

The Discovery Update – February 2014

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February 2014

From the President

Our reporters have been serving many of your firms for over twenty-five years, and collectively they have transcribed 650,281 depositions in 8,698 different cities nationwide.  What an accomplishment!

You are the reason for our continued success, and we thank you for the opportunity to serve you.  We always strive to ensure that our services are of the highest quality because we know you have a choice when it comes to court reporting services.

Please send us any feedback you may have about this e-letter or our services, as we always want to hear from you.

Best regards,
Sheila Atkinson-Baker

Forms that Function

By Craig Ball

Over the course of the last decade, it’s been a Sisyphean task to get lawyers to lay aside rigid ideas about forms of production in e-discovery and focus on selecting forms that function.

“Forms that function.”  Forms of production that work.

Ever since the demanding class, “Architecture for Non-Architects” at Rice University, I’ve been a wannabe architect, and the battle cry, “form follows function,” my mantra.  It’s ascribed to Louis Sullivan, legendary American architect and Father of the Skyscraper.  “Form follows function” fairly defines what we think of as “modern,” and it’s a credo at the heart of the clearest idea I’ve had in a while, being that we should produce e-mail in forms that can be made to function in common e-mail client programs like Microsoft Outlook.

I don’t point to Outlook because I think it a suitable review platform for ESI (I don’t, though many use it that way). I point to Outlook because it’s ubiquitous, and, if a message is produced in a form that can be imported into Outlook, it’s a form likely to be searchable, sortable, utile, and complete.  More, it’s a form that anyone can assimilate into whatever review platform they wish at the lowest cost.

Read Full Article

eDiscovery 2014: In with the New?

By Shelley Podolny

“In with the new” is sometimes slow going in the legal realm, but what would a year-end be without taking at least a brief moment to look back before moving on? 2013 may not have been one with the most seismic shifts in e-discovery, but there were some important topics and themes that will no doubt carry on throughout 2014 and beyond:

Technology-assisted review (TAR):  2013 saw law firms and companies testing out the efficacy of more and more electronic tools and processes for slogging through ever-growing volumes of ESI.  The conversation, once about defensibility, has generally been replaced with more tactical war stories and cost-benefit analyses as matters where such technologies have been deployed reach the courtroom.  Those who hoped for or expected it to be a silver bullet have no doubt seen the light.  Nothing about e-discovery is that easy, and expertise is required to make it all work.  Whether it’s the seed sets and algorithms of predictive coding or the more deterministic approach of professional linguists leveraging sophisticated keyword tools, the use and acceptance of TAR is an evolutionary process that will continue to gain momentum in 2014 and beyond.

Read Full Article >>

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FORMS THAT FUNCTION

EDISCOVERY 2014: IN WITH THE NEW?

101: DEPOSITION TECHNIQUES: GET YOUR DUCKS IN A ROW

HOW SOCIAL MEDIA SHOULD BE DISCOVERED IN TODAY’S COMPLEX WORLD

WHAT YOU MIGHT HAVE MISSED

Sanctions for Deposition Coaching and Witness Conferences

Legal Issues Surrounding Social Media Background Checks

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101: Deposition Techniques: Get Your Ducks in a Row
Read It »
How Social Media Should be Discovered in Today’s Complex World
Read It »
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Eight Essential iPad Apps for Depositions
Read It »
Time Management Tip: Schedule Time to Complete Work
Try It »
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