I missed Legal Tech this year. For each of the past four years, I have made the trek to the zoo at the New York Hilton to see what was new in e-discovery, network, and, hopefully, meet someone that would like to hire me. (That’s really why we all go, isn’t it?) But, this year, I had to work. And, you know what? I really didn’t miss it all that much. The crowds, the vendors on the floor vying for your attention, the dozens of iPad give-a-ways…well, okay, I did miss it some, but not as much as I thought I would. You know what I really missed? People. Legal Tech has become an opportunity to see some folks in our industry that I’ve really come to care about, and I missed seeing them this year.
So, what’s the e-discovery connection? People. As I was mulling over what I missed about Legal Tech, it occurred to me how amazing it is that I’ve met so many incredibly talented and interesting people all as a result of the sudden emergence of the e-discovery industry – IT professionals and paralegals, records and information management experts, training professionals, lawyers with an unusual interest in all things technological, and the list goes on. And that, friends, may well be the best thing that has happened since the revision of the Federal Rules of Civil Procedure in 2006.
E-discovery has forced folks from different walks of corporate life to come together and work as a team. Where formerly we had only uncomfortable, occasional interactions between IT and legal, we now have formal working groups, teams of professionals leveraging their respective skills and talents towards a common purpose: helping the company meet its legal obligation in as efficient and effective a manner as possible. And that is a good thing. I am increasingly impressed by the level of cooperation and collaboration that I see between corporate legal and IT departments (and, when you are really lucky, the Records and Risk Management departments as well). This week, while I was missing Legal Tech, I was introduced to a new client. This company manufacturers consumer products, and, since we live in the United States, it is subject to constant litigation. Over the past decade, the company has developed and refined its discovery response capabilities to ensure that ESI potentially relevant to virtually any matter can be quickly identified, preserved and collected when required. Any litigating attorney can tell you what a relief it is to feel confident about her client’s ability to respond appropriately and effectively to demands for ESI. Few of us felt that way about most of our clients not so many years ago. And what has made the difference is people.
So, with luck, I’ll be back at Legal Tech next year to see my friends, people who have effected such a remarkable change in the way we practice law over such a remarkably short amount of time. In the meantime, maybe we can catch up between flights in Atlanta?
Thursday, May 24, 2012
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A defensible self cillectoon methodology begins at the firm that will eventually do the analysis or examination for the lawfirm that the company employs. It should almost always be a standing order that key managers and executives who abruptly leave the company or are slated to be terminated should have their company-owned devices (computer, laptop, cell phone, etc.) collected as soon as possible. If the policy doesn’t allow for forensic imaging, at a minimum, these devices should be locked away and not re-issued or ba accessible to anyone until an image or copy can be made. Allowing IT to re-issue or apply updates to a computer invites tampering allegations. Why risk it? This applies to shared server folders, home pages and my documents on servers. All of these should be backed up regularly and copies kept for at least six months. I’ve seen evidence of employees feathering their future job nests with current company secrets, including customer lists and pricing further back than retention policies could keep up with.Too often, I’ve seen a good company with a poor policy get screwed when an employ left, taking millions in trade secrets, but because there was no policy or it wasn’t followed, the company is left with a problematic plaintiff’s claim.If you can’t afford to have a forensic company make copies of ESI, then solicit what would be acceptible to them as a copy. Often times, Linux DD images or EnCase .E01 image formats are preferred. These can be created with just a little training and the software is free. Add to that a solid and defensible policy and what seemed too expensive is now a great idea. My motto has always been, Better to have it and not need it, than to need it and not have it.