We continuously receive positive feedback about how useful The Discovery Update is and how it has become one of the ways you keep on “the pulse” of litigation discovery, an ever-changing and evolving area. In a recent survey of our readers, more than 75% of them said they would prefer email over hard copy, which prompted us, as you can see, to switch over to electronic distribution. Also, we will be delivering The Discovery Update to you more often.
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We gratefully appreciate your acceptance of this change in format as we continue to strive to better serve you, our valued client and reader.
– Sheila Atkinson-Baker
Examining Exabytes of Exhibits
If you have never heard of an exabyte, don’t worry, you are not alone. One exabyte is equal to one billion gigabytes and, until a few years ago, the word had no practical application. Now, however, litigators need to think about how they are going to find relevant data in such massive quantities of data. According to IT analyst firm IDC, 161 exabytes of digital information were created last year, a figure that will rise to 988 exabytes by the end of the decade. No individual corporation has that amount of data currently, but they are headed in that direction.
Many types of voice and video records are only kept for a short time before being overwritten, so these must be identified and preserved as soon as it is known that they may be needed for a case. Two Eighth Circuit decisions illustrate this point.
Voice recognition technology is getting better all the time. But, as anyone who uses Dragon Naturally Speaking knows, it isn’t perfect, even when the software has been trained to recognize a single person’s voice. While it is useful for creating a rough draft of a document, one certainly wouldn’t want to rely just on an automatic transcription for evidentiary purposes.
Neither is the written word of a deposition transcript always sufficient for establishing the veracity of a witness in a trial setting. With video, it is easier for the trier of fact to pick up the nuances – the change in voice tone, the blinks, the glances, the pauses – which can reinforce or negate the words being spoken. To help you make the best record possible, Atkinson-Baker’s video services include not just recording depositions, but day-in-the-life videos, damage surveys, on-camera exhibits, two-person split-screen recordings, accident re-creations, computer animations, and other specialized services.
While the end goal is always the same – to provide an accurate, verbatim representation of what went on in the deposition – that doesn’t mean that each should be recorded in the same way. There is a right level of technology for use in every deposition, and your Atkinson-Baker account representative can guide you in choosing which is best for a particular case.
A young lawyer, in the process of opening a new private practice, was very anxious to impress potential clients.Upon seeing a man enter the lobby of his office, he immediately picked up his phone and spoke into it, “Eight hundred thousand dollars?
You’re kidding me. You’re going to have to do better than that. Our bottom line for settlement is a million. Don’t waste my time with anything less!”
Slamming down the phone, he then turned to the man who had just walked in, and said, “Now, what can I do for you?”