NAVIGATING EMERGING E-DISCOVERY ROLES © Copyright 2012 Legal E Employment Partners ALA Capital...

NAVIGATING NAVIGATING EMERGING EMERGING

E-DISCOVERY E-DISCOVERY ROLESROLES

© Copyright 2012 Legal E Employment Partners

ALA Capital ChapterEducational Fall ForumThursday, October 25, 2012Sun Trust Building1445 New York Avenue, NWWashington, D.C.

By Janice James

Executive Director,

Contracts & Special Projects Division

Legal E Employment Partners

The Wild Wild West


Introduction


Understand the terminology

Identify software & technology

Latest industry trends

Develop roles & reporting structures

Staffing & development

Pursue external e-Discovery resources & education

Forecasting the future of e-Discovery

What is e-Discovery?


Electronic discovery (or e-discovery, eDiscovery) refers to discovery in civil litigation which deals with the exchange of information in electronic format (often referred to as electronically stored information or ESI).*

Types of ESI: email, voicemail, smart phones, PDA’s, MS Word, Excel & PPT

*Definition provided by Wikipedia

Terminology


TAR: Technology Assisted Review

Predictive Coding, Rules Based, etc.

EDRM: e-Discovery Reference Model

ACEDS: Association of Certified e-Discovery Specialists

CEDS: Certified Specialist in e-Discovery

IG: Information Governance*

* Enterprise-wide approach to the management and protection of a law firm’s client and business information assets.

Software & Technology


Concordance & Summation DocuMatrix Kroll Ontrak Ringtail Applied Discovery Stratify Relativity

Latest E-Discovery Trends


Strong uptick in electronic data discovery workload at law firms

70% of law firms reported an increase in workloads for their litigation support & e-discovery departments--sharp rise from 2009 report

62% of law firms said they expect to grow capacity either by adding head count or purchasing new technology

Growth is expected to happen soon; 50% of firms believe they will increase technology in the next 3 months; 43% of firms plan to add people in the next 3 months compared to 32% last year

Reported by Law Technology News, 7-06-2012Statistics provided by The Cowan Group[Statistical Parameter: 88 law firms surveyed]

Roles & Reporting Structures


Paralegals Litigation support IT Attorneys Hybrid positions Establish chain of command Provide effective management Internal staff - redefining roles Establish billing rates Educate attorneys

Staffing & Development


Determine hiring needs - current and future Create budget and salary ranges Establish job descriptions and requirements Talent mining, recruiting & interviewing Utilize business partners to supplement needs Develop training and mentoring programs Generate a retention plan Encourage professional development

Resources & Education


Resources• Blogs, webinars, e-newsletters • Networking, e-networking & social media• Utilize benefits of professional organizations: ILTA, IPMA, ALA,

ALSP, WiE, ARMA, B-Discovery

Education & Training• Encourage association memberships and certifications• Provide educational opportunities for Administrators, HR

Professionals, E-Discovery Professionals/Litigation Support and Attorneys

• Seek out educational opportunities such as Georgetown University’s Litigation Support/Legal Project Management Certification Program and law schools with e-discovery tracks

What Lies Ahead


Pending court cases will define the future of e-Discovery

Emerging technology

Expanding IT & litigation support departments

Shifting roles & continued evolution

Establishment of an information governance framework

Conclusion


Educate yourself on evolving e-Discovery trends Understand litigation environment and needs Define goals of e-Discovery mission Structure hiring plan with established hierarchy Determine salary ranges and billing rates Hire and develop the e-Discovery team Develop quality control processes and procedures Educate and collaborate with attorneys Invest in business partner relationships Be inclusive and embrace industry evolution

Questions?


Thank You!Janice James, Executive Director,

Contracts and Special Projects Division Legal E Employment Partners

Washington, D.C. Branch OfficeFarragut North Metro Station1001 Connecticut Avenue, NWSuite 225Washington, D.C. 20036202-319-1500

Virginia Corporate HeadquartersSilver Line Metro Station (late 2013), Spring Hill Station1577 Spring Hill RoadSuite 270Vienna, VA 22182703-319-1400

www.mylegale.com

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