If practice makes perfect then that saying alone suggest the answer to why attorneys simply don’t get the complexity of issues surrounding electronically stored information (ESI). More and more judges seem to rely on the Electronic Discovery Reference Model (EDRM) so why aren’t attorneys taking as much of an interest in becoming more fluent in the EDRM as are paralegals, support staff and service providers? As it stands there seems to be more attorneys who now work on the service provider side with a greater knowledge in sales and consulting capacities than actual practicing attorneys in law firms that represent clients. So what’s the problem? Here are 3 reasons that may help practicing attorneys get more in tune with electronic discovery topics, issues and discussions:
1. Discussion Boards: One of the strongest advantages to knowledge management professionals is their proactive and interactive membership in electronic discovery discussion boards. There are discussion boards on several different levels addressing every aspect of electronic discovery. Most if not all of these discussion boards are filled with everyone except practicing attorneys. Contribution is not required but monitoring these boards would allow attorneys to see in-depth conversations on topics that could potentially spark an interest or give insight into in a particular matter.
2. Case/News Alerts: Set up case alerts in Westlaw or Lexis Nexis or News Alerts in Google, Findlaw, Law.com and other news media sites with keywords relative to the current issues surrounding Electronically Stored Information (ESI). Make sure they cover issues like: legal holds, spoliation, adverse inference, preservation, data collection, review, processing, search terms, keywords and hot FRCP topics.
3. Discovery Blogs & Resource Sites: That’s right just like this Blog (eDiscovery 101) there are other great blogs that RSS Feed pretty much anything and everything you want to find about electronic discovery, cases, industry trends, community, hot topics… you name it! Blogs and resource sites like http://www.discoveryresources.org, http://www.ediscoverylaw.com, http://ralphlosey.wordpress.com/, http://ellblog.com/, http://www.ediscoveryinfo.com/, http://postprocess.wordpress.com/ and http://www.eddupdate.com/ are just a few to get you where you need to be.
Paul Lippe wrote a piece in the American Lawyer today where he stated that for over “the past decade, law schools have grown more distant from the profession, and the legal academy has come to define itself as primarily engaged in a scholarly, as opposed to professional, pursuit.[1]” Electronic Discovery in all of its forms and issues certainly relates to the practice of law. An old lawyer vs. IT saying goes something like “I couldn’t understand computers so I got a degree in law” and vice versa for IT (don’t hang me on the correct quote and I’m placing support staff under the IT umbrella for this parity). Yet it seems IT has taken the lead in understanding the “legal” practicalities of electronic discovery where attorneys are slow to grasp the technical attributes as they apply to their legal practice.
To the Law Firms defense however more and more firms are hiring attorneys well versed in electronic discovery as Of Counsel or Special Counsel. E-Discovery service providers like Litigation Logic (yes I had to do the company referral) are partnering up with contract review attorneys (LegalEase Solutions) fluent in both electronic discovery and advanced pre-discovery review platforms. There is hope for attorneys but the “I know it all” mentality and arrogance has to be put to the way side and re-education has to be embraced. After all it’s what’s in the best interest of the client… …Isn’t it?
– Anthony Martinez – President & Chief Executive Officer – Litigation Logic
[1] Quote from Paul Lippe at http://amlawdaily.typepad.com/amlawdaily/2009/06/school.html
