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background to electronic data discovery
 

background to electronic data discovery

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    background to electronic data discovery background to electronic data discovery Presentation Transcript

    • Defining the Role of Litigation Support Technology and Process Support from Case Receipt to Post-Trial Archival Hamilton- 2006/07
    • Objectives
      • Introduce you to the role of Litigation Support within a firm
      • Define what roles Litigation Support has within a firm
      • Understand the role your organization plays in your firm
      • Explain how Litigation Support provides value to a case team throughout each phase of the litigation
      • Review the role vendors play with respect to litigation support
    • Infrastructure Technology v. Litigation Support
      • Infrastructure Technology
        • Office Applications
          • Network Ops
          • Email
          • Document management
          • Office Suite
          • Time and Billing
          • Software implementation for infrastructure apps
      • Litigation Support
        • Legal Applications
          • Concordance
          • Summation
          • IPRO
          • LiveNote
          • Trial Director
          • Litigator’s Notebook
          • CaseMap/TimeMap
          • Web Repositories
          • Client-dictated software
    • Infrastructure Technology v. Litigation Support
      • Infrastructure Technology
        • Supports the “business” of running a law firm
        • Ensures security, failover, and disaster recovery are planned
        • Supports departments such as:
          • Accounting
          • HR
          • Web/Portal
          • Administration
      • Litigation Support
        • Supports the process of preparing to take a case to trial
        • Ensures that discovery and production deadlines are planned and met
        • Supports all litigation groups within a firm
        • Can apply litigation technology to other practice groups
    • Common Goals for Litigation Support
      • Partner with attorney teams and share “best practices” recommendations for their cases from Day 1
      • Provide on-going training in the area of litigation technology to keep the firm current with industry trends
      • Match technology with case needs
      • Ensure that attorney teams can meet technology requests / demands from clients
      • Utilize vendors in a way that enables the firm to offer their clients quality services at the best price
      • Others?
    • General Litigation Support Staffing
      • Litigation Support Manager
        • Oversees all cases
        • Hiring/staffing
        • On-the-job Training
        • Policies and procedures
        • Talks with clients
      • Litigation Support Specialist
        • Day-to-day case work
        • Load data
        • Work with vendors
        • Interact on case team
        • Search/produce documents
        • Maintain databases
      • Case Manager
        • Runs docketing software
        • Maintains calendar of milestones for attorney team
        • Keeps contacts current
        • Trains docketing software
      • Trial Coordinator
        • Graphics support
        • Trial site coordination
        • Works with vendors
        • Electronic opening/closing (PowerPoint)
        • Trial presentation
    • Billing Practices
      • To bill or not to bill, that is the question!
        • Firm needs to decide if this role is to be a cost center or a profit center
        • Average billing rates
          • Lit Sup Mgr – $125 – 175 per hour
          • Lit Sup Specialist – $95 – 125 per hour
        • Need to consult your local ethics rules for guidance in this area
        • May need to set average billable hours goals for staff
        • Billing guidelines should be spelled out, mimic those of the paralegals, and should be reviewed monthly
    • Providing Case Support Case Initiation Support Due Diligence Support Discovery Support Pre-Trial/Trial Support Post-Trial Support Due Diligence
    • Discovery Support Tasks
      • Analyze case needs and provide recommendations for software, hardware, and database design for new cases
      • Maintain all recommended software and hardware and provide help desk support for internal and external users
      • Provide case-specific software support for client-dictated applications
      • Coordinate and manage vendors used for document processing
      • Provide document production support
      • Provide search and retrieval strategies for discovery databases
    • Pre-Trial Support Tasks
      • Coordinate technology for document production
      • Create case-specific searches and reports for deposition preparation
      • Maintain document, pleading, and transcript databases throughout case lifecycle
      • Evaluate trial needs and create visual strategy
      • Begin process of court/judge/opposing counsel research
    • Trial Support Tasks
      • Create opening/closing statements via PowerPoint or trial presentation software
      • Create static graphics for trial as either trial boards or to display via projector
      • Coordinate all courtroom setup including hardware, court reporter feeds, and war room
      • Assist in vendor selection and coordination as needed
      • Provide overall courtroom support during trial
    • Post-Trial Support Tasks
      • Archival of all case data
      • Copies of any/all database repositories for client files as appropriate
      • “ Lessons Learned” for each case, learn from overall firm successes and challenges
    • Vendors and Litigation Support
      • Identify the stage of the litigation process where you need vendors as:
        • Primary support
          • Scanning
          • EDD
          • Data conversion
        • Secondary support
          • Production overflow
          • Large volume scanning
      • Maintain a “preferred vendor” list that is more about the deliverable than it is about the give-aways
      • Educate the attorney team and paralegal team about how to select vendors if this is not a centralized mechanism at your firm
      • Evaluate vendor performance after a job is complete and provide feedback to both the attorney team and vendor on their performance (should be done for the good and the bad)
    • Questions??