Big Case,
Small Firm
Leveraging
Technology
to Handle
Complex Cases
While describing my current position as an eDiscovery
specialist to a former attorney colleague, he replied,
“Wait, you can do the thing, with the emails?” He is
a partner in a small boutique law firm with limited
staff and, for the most part, handles cases that do not
require intensive electronic data collection. That is,
his cases do not require this now, but, regardless of
practice groups, small firms in any niche should be
prepared to litigate cases that require collection of
electronic data.
What happens when your boutique firm is up against an AmLaw100 goliath firm
with seemingly unlimited resources at its disposal, including numerous contract
reviewers, several paralegals supporting the litigation, an IT department, and, more
often than not, an entire arsenal of eDiscovery attorneys and vendors? If you are
still trying to figure out how to “do the thing, with the emails,” your firm, and your
client, are already behind the ball.
Technology can be a great equalizer in litigation. With the right technology, a
small firm is evenly matched with the biggest law firms. Selecting an eDiscovery
tool that works from both a case management and cost perspective will allow your
boutique law firm to leverage its technology to the benefit of your firm’s cases,
clients’ satisfaction, and, ultimately, the firm’s bottom line.
Consider Outsourcing Data Collection
The best time to consider eDiscovery needs is at the beginning of a case,
18 Q4 - 2017 www.ParalegalToday.com
By Erin Derby, CEDS
during the planning and collection phase. At
this stage in litigation, it is most prudent to
interview records custodians, analyze the type
of electronic data of which those custodians
are in possession, and determine the best
method to collect that data. Consulting early
with an eDiscovery vendor and/or a forensic
collection company – and understanding the
benefits of using one tool versus another –
avails your firm of the expertise needed in the
initial planning stages of handling electronic
discovery. Depending on the vendor, a project
manager might be utilized to speak with the
various custodians and investigate the type
of data that exists and needs to be collected.
This usually entails email collection of
internal documents stored on hard drives, and,
possibly, archived information in additional
locations. After identifying the documents to
be collected and from whom, the eDiscovery
vendor can assist with the actual collection,
keep track of the chain of evidence, and
implement proper quality control measures
to ensure that all data to be collected was
obtained and that no data was corrupted or
otherwise lost in any extraction or exchange.
This can be a time consuming and error prone
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