The Discovery Update – November 2013

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01Nov2013

The Discovery Update – November 2013

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November 2013

From the President

As you know, depositions are a time when communication is vital, and, if certain details are misunderstood, a case could be thrown out of court entirely.  Our top-notch interpreters not only understand everyday language, but if there are technical cases, they prepare ahead of time by studying specific vocabulary, idioms, phrases, and other parts of speech that relate to the case.  We hope you take advantage of our fleet of interpreters across the U.S. and, if needed, request one at the same time you schedule a court reporter with us.

At this Thanksgiving season, we want to let you know that we are very thankful for our relationship with you.  Your business means a lot to us, and we appreciate the opportunity to serve you and satisfy your court reporting, interpreter, and videographer needs.  Our goal continues to be to provide you with superior services and to be an invaluable resource for your practice.

Best regards,
Sheila Atkinson-Baker

Excuse Me, PDFs Instead of Native Files?

By Joshua Gilliland, Esq.

Westdale Recap Props. v. Np/I&G Wakefield Commons is a serious case of “no, that’s not right.”

It concludes with a Court telling a requesting party that requested ESI as native files that it had not “demonstrated an adequate need to have all the ESI produced in native format.”

So much for stating the form of production in your request.

Get ready to pull your hair because the form of production in this one is a rough ride.

Lawyers Need to Pick the Right Fight

Parties often fight over ESI Protocols for two reasons: 1) There are legitimate issues about custodians to collect, the scope of discovery, search terms, and how to address privilege; or 2) The lawyers simply enjoy fighting.

Option 1 is legitimate; Option 2 is not.
Read Full Article >>

E-Discovery and the Zamundan Royal Backside Wipers

By Craig Ball

I’m on a crusade to underscore the need for lawyer competence in that crucial “e” that precedes “e-discovery.” It’s no longer enough to understand the law in isolation; today’s lawyer must understand some fundamentals of information technology and electronic evidence. My efforts often prove quixotic, as everywhere I’m met with the attitude that electronic discovery isn’t a lawyer’s concern: “It’s something you hire people to do,” they say.

Certainly, we must hire people to do things we cannot possibly do. But I contend that we hire people to do many things we could learn to do ourselves and do economically. Remember Eddie Murphy’s royal backside wipers in Coming to America? All it takes is money to burn, and, if it’s someone else’s money, who really cares?
Read Full Article >>

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EXCUSE ME, PDFS INSTEAD OF NATIVE FILES?

E-DISCOVERY AND THE ZAMUNDAN ROYAL BACKSIDE WIPERS

TAKING A TELEPHONIC DEPOSITION: BREAKING DOWN THE BASICS

THE NEED FOR DIRECT EXAMS OF YOUR OWN WITNESSES AT DEPOSITIONS


WHAT YOU MIGHT HAVE MISSED

Ten Things That Trouble Judges About E-Discovery 

Using Cooperation and Proportionality: Essential Pieces to the E-Discovery Puzzle

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Taking a Telephonic Deposition: Breaking Down the Basics
Read it >>
The Need for Direct Exams of Your Own Witnesses at Depositions
Read it >>
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ABI’s New Version of Active Client Services and FAQ
Try it
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