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Who should attend Electronic Discovery: Legal Strategies And Best Practices
This seminar is designed for attorneys, paralegals and legal assistants.
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Electronic Discovery: Legal Strategies And Best Practices  

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This seminar is designed for attorneys, paralegals and legal assistants.

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Seminar Summary:

This seminar offers detailed instruction on how to achieve optimal discovery results. (see full course description)

 
 

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Training Course Syllabus:


The electronic discovery process poses unique challenges for attorneys, paralegals, legal assistants and other support staff. This course offers detailed instruction on how to achieve optimal discovery results.

Topics to be discussed will include the following:

  • Discovery Of Data
  • Negotiating The Production With Clients Or Opposing Counsel
  • Best Practices/Cost Reduction Strategies
  • Data Production To Opposing Counsel

9:00 a.m. - 9:15 a.m.

I. Introduction

A. The Faculty

B. The Agenda/The Hypothetical

C. Cal Bar CLE Paperwork Requirements

9:15 a.m. - 10:45 a.m.

II. Discovery Of Data – The Law

A. Data Discovery Under The Federal Rules Of Civil Procedure And The California Code Of Civil Procedure

B. Scope Of Discovery

1. What Is Discoverable?

2. Data vs. Paper

3. Client's Duty To Locate, Preserve And Produce Data (Ethical And Spoliation Issues)

4. Attorney's Duty To Consider And Plan Data Discovery (Ethical And Malpractice Issues)

C. Cost Shifting Strategies

D. Current Case Law

10:45 a.m. - 11:00 a.m.

Break

11:00 a.m. - 12:30 p.m.

III. Negotiating The Production With Clients Or Opposing Counsel

A. Technical Help – In-House Assets, Consultants, Vendors

B. Identification Of Relevant Data

1. Demand/Notice Letters

2. Document/Data Retention Policies

3. Who To Speak To/Client PMKs

4. IT/IS Custodian Depositions/Conferences

5. The Price Of Misinformation (Monetary And Legal Repercussions)

C. Negotiating The Scope

1. What To Demand/What Not To Demand

2. What To Offer/What Not To Offer

3. Current Case Law

12:30 p.m. - 1:30 p.m.

Lunch (On Your Own)

1:30 p.m. - 3:00 p.m.

IV. Best Practices/Cost Reduction Strategies

A. Planing The Project

1. Identification Of Discovery Sources And Data Types

2. Identification Of Case Needs (Forensics And Native Format Considerations)

3. Designing/Negotiating A Collection Process

4. Identification Of Users/User Needs And Capacities

5. Designing Litigation Support Systems

6. Coordination Of Data And Paper Systems

7. Output Specifications

8. Tracking/Algorithms (Bates Numbers For Data)

B. RFPs/Bidding

C. Sole Sourcing Options/Vendor Relations

D. Review And Analysis Of Data – Search And Knowledge Management Tools

E. Privilege And Subject Matter Review – Computerization Options

F. The Costs Of Treating Data Like Paper – Monetary And Strategic

3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 4:30 p.m.

V. Data Production To Opposing Counsel – Considerations And Logistics

A. Production Options And Best Practices

B. Negotiation Strategies

C. Legal Requirements/Current Case Law

Seminar Summary:

This seminar offers detailed instruction on how to achieve optimal discovery results. (see full course description)

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