• EMPOWER small firms who compete with big firms
• GUIDELINES and checklists to manage the e-discovery process
• COMMAND over the process allows small firms/solo practitioners to create realistic budgets without compromising quality of the review process
• BEST PRACTICES to create realistic budgets for small cases with large volumes of ESI

INTRODUCTION TO THE PANELISTS

Chaos is inherent in all compounded things. Strive on with diligence.

EARLY CASE ASSESSMENT: Early case assessment (ECA) is the process of attempting to quickly surface key electronically stored information (ESI), paper documents, and other potential evidence early on in a legal matter. The data gathered during early case assessment is then used to help estimate risk and guide case strategy, such as decisions to go to trial or settle. Simply put, counsel is able to evaluate the strength of their case early on before spending significant amounts of money on discovery.

EARLY DATA ASSESSMENT: Analysis of collected ESI before it is processed. EDA tools may be used to search, organize, and sample ESI so that counsel can isolate relevant ESI and reduce the volume of ESI for processing, hosting in a document review platform, and review. EDA supplies the number of hits on a search term report or a tally of file types in the dataset.

You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.

PLAINTIFF PERSPECTIVE: Stay ahead and start early.

• Get the preservation letter out early.
• Get the e-discovery out swiftly. Data will disappear.

DEFENSE PERSPECTIVE: Get ahead.

• Stay on the offense.

CRAFTING THE DISCOVERY REQUESTS.

• Federal Courts
• State Courts

Find your method in the {ediscovery} madness.

Developing an Effective Process and Workflow for Reviewing Production Documents

CHECKLIST 1: Document Review of Opposing Party’s Production Set

• [A] PREPARE + UNDERSTAND
• [B] CREATE DOCUMENT CODES
• [C] DEVELOP A DOCUMENT REVIEW PROTOCOL
• [D] TEAM + TRAINING
• [E] MANAGING THE REVIEW PROCESS
• [F] ORGANIZATION OF THE PRODUCED DOCUMENTS

Developing an Effective Process and Workflow for Creating the Production Set

CHECKLIST 2: Assembling Documents Responsive to Document Requests

• [A] Preliminary Considerations
• [B] Create Document Codes
• [C] Develop a Document Review Protocol
• [D] Logistics
• [E] Document Review Considerations
• [F] Training

The Discovery Process

Technology Assisted Review (TAR), Artificial Intelligence, and Analytics

• Overview of TAR, AI and Analytics
• Attorney involvement/management
• Emphasis on internal teamwork for attorneys

LDP Framework: Basic principles of the framework for small firm/small case applications

• LEGAL Complexity
• DATA Complexity
• PROCESS Complexity

Manage/Control Client Expectations

• Pass-through cost
• Best practices on how to manage this client discussion
• Uses and application of the process beyond the discovery phase