8/19/2023 0 Comments E discovery inc![]() ![]() the Model Rules of Professional Conduct now include that attorneys should "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology" under Rule 1.1, and most states require lawyers to be technically competent.EDiscovery (electronic discovery) refers to the process of identifying, collecting, preserving, reviewing, and producing electronically stored information (ESI) in response to legal requests or investigations. The practice of law fundamentally depends on e-discovery competency. It's not outlandish to suggest that in the not so distant future, a lawyer who doesn't know e-discovery will be tantamount to a surgeon who doesn't know how to use a scalpel. If complying with the rules isn't enough motivation, e-discovery is increasingly viewed as part of a lawyer's ethical duty to provide competent representation. ![]() If we do say so ourselves, our FRCP & E-Discovery: A Layman's Guide resource provides an in-depth overview of the Rules. The Federal Rules of Civil Procedure (FRCP), a set of regulations that specify procedures for civil legal suits within United States federal court system, amended in 2005 to recognize e-discovery's growing importance, and then again in 2015 to rein in some of the excesses and legal gamesmanship that arose as a result of the 2005 amendments. With e-discovery serving such a vital function to our entire legal justice system, that function has become more formalized over the last decade. The E-Discovery process looks clear and linear on paper but in reality, the process can be much more complex. However, as e-discovery technology has matured, it is possible now to manage e-discovery from the requirement to preserve to document production in a single technology platform. While that description sounds simple, e-discovery is a dynamic, complex process that poses challenges to legal and IT teams alike. Once parameters are set, ESI is then collected, analyzed, and formatted for use in court. Attorneys from both sides determine the scope of e-discovery, identify and preserve the relevant ESI, and make e-discovery requests and challenges of the opposing. Once litigation is reasonably foreseeable, potential litigants the legal duty to preserve potentially relevant ESI. Rather e-discovery is a process comprised of many linked actions that begins when a lawsuit is reasonably foreseeable and lasts until documents are presented in court (in the event the case actually goes to trial). One thing to know right off the bat is that e-discovery is not a single action – like taking a deposition or filing a motion. We won't go into too much detail here, because we have an entire section devoted to the various e-discovery stages. We've even included links to some video elements to the guide that you can find on the website. Simple explanations of key concepts and processes.Links to newer resources (as well as some classics!).In this second edition of the Basics of E-Discovery, you will get: We've updated the guide to address these changes in the law, as well as the continuing evolution in the technology of e-discovery. It incorporates fun graphics and visual elements to make it a bit more inviting.īut a lot has happened since the original guide came out, not the least of which was the issuance of the 2015 amendments to the Federal Rules of Civil Procedure (FRCP), which include the ground rules governing e-discovery. It simplifies where appropriate, and breaks up long blocks of text into bulleted lists where possible. It uses straightforward language wherever possible. While informative, it's also entertaining. We've taken pains to keep what made the original Basics of E-Discovery a great resource. Like its predecessor, this guide will provide you with a wealth of useful information that you can use in your professional life whether you're an e-discovery novice or an experienced practitioner. Welcome to the second edition of Exterro's Basics of E-Discovery guide. ![]()
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