Happy New Year! I hope you had a very nice holiday season. As we get ready to tackle the new year and its challenges, here is a selection of articles to help facilitate that. Enjoy this issue and its articles on legal work during this time, tech tips, and more related topics.
Remember to keep us in mind as you continue to schedule depositions and hearings. Our offices are open and ready to assist you.
The Value of a Production Log
By Kelly Twigger
It’s no secret that we love our checklists in eDiscovery. And lists are great, but are you tracking all the elements of your process? Last week we talked abouttracking your eDiscovery timeline— those events in the case that you don’t want to have to recreate each time you need to reference them. In addition to that timeline, you also want to create a production log to track all of the aspects of each production every party in the case makes.
Why? Let’s see.
How many times have you had to find the answers to the following questions quickly?
When was a specific document produced (usually by Bates number)?
What was the scope of a given production set?
When did we produce that social media? Those images? Those videos? Documents from a specific custodian?
How many documents has the other side produced? Before or after a certain date?
How many documents has your client produced?
What was included in that production?
Did we send that overlay of additional/modified metadata? What did it include?
Back in March, when we naively believed we’d be working from home for a few weeks and then things would be back to normal, much of our litigation came to a halt. Our group had a number of trials continued, lawyers on all sides needed filing extensions as they adjusted to working remotely, and we wondered how we would conduct upcoming mediations and depositions when we couldn’t gather in person. Now, nine long months later, we’ve learned that the law (like all of us) is remarkably adaptable and cases are proceeding more or less as usual.
Over the last nine months, the lawyers in the Trust & Estate Litigation group have participated in all manner of remote litigation proceedings. We’ve been involved in multiple mediations, depositions, and court hearings, including a multiweek trial in the Denver Probate Court that was conducted entirely via WebEx. Below are a few of our takeaways and tips from this ongoing experiment in remote litigation.