1. Legal Technology 2011 & The Paralegal
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
2. Introduction
Paralegal
Paralegals provide invaluable aid to attorneys in the litigation
process. Litigation paralegals are the backbone of the trial team,
coordinating the thousands of details that must be accomplished
before, during and after trial.
One of a paralegals most important tasks is helping lawyers prepare
for closings, hearings, trials, and corporate meetings. Paralegals
might investigate the facts of cases and ensure that all relevant
information is considered. They also identify appropriate laws,
judicial decisions, legal articles, and other materials that are
relevant to assigned cases. After they analyze and organize the
information, paralegals may prepare written reports that attorneys
use in determining how cases should be handled. If attorneys decide
to file lawsuits on behalf of clients, paralegals may help prepare
the legal arguments, draft pleadings and motions to be filed with
the court, obtain affidavits, and assist attorneys during trials.
Paralegals also organize and track files of all important case
documents and make them available and easily accessible to
attorneys.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
3. Information Management
The collection and management of information from one or more
sources and the distribution of that information to one or more
audiences. This sometimes involves those who have a stake in, or a
right to that information. Management means the organization of and
control over the structure, processing and delivery of
information.
Getting your electronic house in order to mitigate risk &
expenses should electronic discovery become an issue, from initial
creation of electronically stored information through its final
disposition.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
4. Sources of Discoverable Information
Readily Accessible maintained in the normal course of
business
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
18. Electronic Discovery Reference Model
EDRM develops guidelines and standards for e-discovery consumers
and providers. From the original model to the 2008-2009 projects,
EDRM has helped e-discovery consumers and providers reduce the
cost, time and manual work associated with ediscovery.
Identification: Locating potential sources of ESI &
determining its scope, breadth & depth.
19. Preservation: Ensuring that ESI is protected against
inappropriate alteration or destruction.
20. Collection: Gathering ESI for further use in the electronic
discovery process (processing, review, etc.)
21. Processing: Reducing the volume of ESI and converting it,
if necessary, to forms more suitable for review &
analysis.
22. Review: Evaluating ESI for relevance & privilege.
23. Analysis: Evaluating ESI for content & context,
including key patterns, topics, people & discussion.
24. Production: Delivering ESI to others in appropriate forms
& using appropriate delivery mechanisms.
25. Presentation: Displaying ESI before audiences (at
depositions, hearings, trials, etc.), especially in native &
near-native forms.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
26. Litigation Readiness TechnologySoftware as a Service
The most common challenge facing litigants is how to effectively
and efficiently identify potentially responsive documents with
accuracy. No longer is it just as simple as skimming across 10
boxes of paper docs containing 25,000 sheets in less than 8 hours.
Today, litigants need to review 10GB of eDocs which is the
equivalent to thousands of electronic files. That equates to more
than 650,000 sheets of paper. It would take more than 208 hours to
manually review (8 days for 2 case clerks to sift through
just to pass up the chain for 2nd and 3rd reviews).
Search and Retrieval technology has provided the means for
litigants to identify relevant data with a sense of accuracy and
confidence. Keyword searching is the most common format used to
cull data in an effort to narrow the scope of documents deemed
relevant for review. Keywords are created and agreed upon by all
parties based on the scope of the case as well as intelligence
gained during meet and confer conferences.
Conceptual searching provides litigants with the ability to use
taxonomies to create categories of documents based on terms of
similar meaning based on documents identified as relevant from
keyword search results. Conceptual searching is designed to further
narrow the scope with potentially relevant document strings based
on content and other like factors. Concept searching is gaining
popularity in eDiscovery review protocols, for when used properly,
the identification of "Hot Docs"
becomes less of a burden.
Using the proper search and retrieval solution is critical to
wading through the sea of eDocs as it relates to time and
money.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
27. SaaS and The Stages of Discovery
Identification using Early Case Assessment Models
28. Road map of discoverable sources for both Paper and
Electronic
29. Develop case budgets
30. Develop case strategy
Preservation & Collection of Data
Limited by the scope of Discovery. See Federal Rules of Civil
Procedure Rule 26(f)
31. Document Sweeps
32. Electronically Stored Information
33. Chain of Custody
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
34. Processing, Review and Analysis
De-duplication
35. Culling via Keyword Term & Conceptual Searching
36. Native File Review
37. Localized and Hosted document repositories
Production
Agreed upon format between Parties. See Federal Rules of Civil
Procedure Rule 26(f)
38. Paper and/or Electronic
39. Metadata
40. Deliverable Media
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
41. Whats in the Toolbox?
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
42. Can you make the grade Industry Professional Insight
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
43. Role of the Paralegal
What do you consider the greatest challenge facing Paralegals today
compared to 5 years ago?
Technology Matter Expert
Organizational Proficiency
Knowledge of the Rules
All of the Above
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
44. Erika Santiago, Training Consultant
I think technology is the biggest challenge. It's been my
experience that many paralegals have relied heavily over the years
on their litigation support and/or IT staff for technical support
without ever really learning the technology themselves. This is
mostly true for paralegals in large firms with ample support
staff.
In the last 5 years, we've seen lots of layoffs of support staff
which leaves those same paralegals with having to support
themselves and make technology decisions regarding e-discovery
they're not prepared to address.
Additionally, paralegal training programs are still lacking
adequate technology training for new paralegals.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
45. John Craddock, Esq. , Shareholder LeClair Ryan
The Rules have not changed much - but the extreme volumes of ESI
has made organization more difficult as far as finding, segregating
and compiling key documents.
A. Technology is imperative because new tools are being created all
of the time that make it easier to do B. But its only easier if
someone knows that the tool exists and how to use it.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
46. Carla Stone-Whitaker, Senior Paralegal , OHagan
Spencer
The greatest challenge a Paralegal faces is organization. If the
paralegal does not master this skill he/she will not be successful
at their career. A good paralegal has to know how to prioritize
his/her time. Mastering the skill of organization will help them to
better understand the change in technology and knowledge of new
rules. Having a great understanding of the new technology and
knowledge of new rules is great but without organization the
paralegal will fall short, get confused and fail.
Organization is the key to success. However a good paralegal must
be very familiar with knew technology and rules. Technology is
advancing as we speak. The challenge the paralegal face is that
most times training is their responsibility. They have to take a
course to learn this information. The expense could be out of their
pocket. It's time away from their family. If the person is not
technical then there's added stress of trying to get familiar with
something that has never been your strong area. It could cause a
strain on the job because you aren't catching on in time or you are
constantly being assisted.
Knowing the rules is not so stressful. Again, keeping in mind
organization, if he/she is organize they will keep a copy of the
new rule in a place easily accessible for reference purpose.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
47. Stephan LaJaunie, Litigation Paralegal, Vandeventer Black
LLP
My opinion is that technology is the greatest challenge (though you
know I would say that.) As you know the options available, and
requirements, regarding management of e-discovery are constantly
changing in the courts and in the field, and everyone, though
especially paralegals, need to keep up. Not to mention, paralegals
usually end up being the knowledge base for this type of thing when
you have attorneys that have been working since the days of
teletype, and aren't able (or sometimes willing) to be as
technology-savvy as they expect their support staff to be. Couple
that factor with the myriad number of vendors basically offer to
solve all your e-discovery needs, for a price. Some are helpful.
Some are not. Paralegals, or any support staff, need to be
knowledgeable enough on their own to determine the
difference.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
48. Renee Covington, co-Founder, Superior Document
Services
I would say it depends what size firm the paralegal is working in-
the greatest challenge in smaller to mid size is being given the
tools to effectively manage cases and workflows for attorneys and
get attorneys to adopt the technological advances. Paralegals are
more responsible for learning the technology on their own.
For larger firms- paralegal roles are being redefined.
Traditionally the paralegal had an active role involving
collection/ index thru production and trial support. Now they must
be proficient with all three below in regards to best practices and
working with Lit Support Managers and Review Ctrs. The process has
become much more complicated and political. Many of paralegals are
seeing their responsibilities given to associates or practice
support.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course
49. Donna Lynch, Senior Paralegal, ReedSmith
a) Technology - with the fast paced and changing every other day
world of technology, paralegals should know the basics but more
importantly have a great support Tech team in place. My issues with
technology are not the technology itself but knowledgeable in house
techs who can provide support and advice regarding what technology
should be used during the course of a case. Make the computer nerd
your best friend!!!
(Hi friend!)
b) Organization - should be a key and primary skill for a good
paralegal. It should not be a challenge (sorry..it just shouldn't
be) If you are not an organized person - being a paralegal is going
to be extremely difficult especially if you are coordinating
ediscovery.
c) Working knowledge of the rules is a must. However, rarely a
day
goes by that I don't reach up for the rule books to confirm a rule
or to provide guidance on drafting documents. Most paralegals would
say I just do what the attorney tells me to do. My response to that
is my job is to make the attorneys' job easier. A paralegal should
feel comfortable providing advice regarding the rules (internal
communication
only) and how to accomplish a project in a timely and efficient
manner.
Attorneys can be so focused on one aspect of the case they forget
all the little details. It is the job of a paralegal to coordinate
all the moving parts - a logistical coordinator. If a paralegal
just wants to do what someone tells them to do then maybe this is
not the profession for them. My attorneys respond favorably when I
ask questions or provide a different point of view. It opens the
floor for discussion and possibly a better way of accomplishing a
task which at first seemed daunting but in the end was relatively
simple.
Presented by Aubrey L. Owens, Jr. February 9, 2011 to JSRCC
Paralegal Studies Course