The document discusses establishing a formal litigation support group within a law firm to better manage the litigation process, maximize returns, and minimize risks. It covers topics like assessing current technology investments, challenges in building an organized group, and exploring options to formalize processes, identify internal and external capabilities, and establish best practices and standards. The goal is to understand processes, manage expectations, avoid sanctions, and justify resources to improve services for clients and the firm.

1. Litigation Support & E-Discovery in the Law Firm David Kearney - 2010

2. Purpose Bring the Litigation Practice together to address the need to formalize the Litigation Support group. Address processes and procedures that help ensure consistency and manage expectations throughout the litigation process. Maximize return on investment. Deliver better products and services internally and to the client. Protect the Firm by minimizing the risk of making mistakes/embarrassing moments.

3. Topics to be Covered Overview of Technology Investment Observations Challenges Start with Foundation Build Organization Other Items to be Explored

4. EDRM LAW/CLX CLX LAW/CLX Trial Director EDRM (edrm.net) LAW/CLX

5. Overview of Investment/Technology Footprint

6. Storage Allocation

7. Overview of Investment/ Technology Footprint Total 2010 Projected Investment Scenarios 2 – Additional Purchases 1 – No Additional Purchases

8. Observations Hardware Requests (processing PCs, hard drives, laptops, etc.) Software Requests (additional licenses of “E-processing” software) Storage Usage Time Internal vs. External What is Billable, Who is Billable, When is Billable? Services Offered Equal to or Exceeds Vendor Communication Case Clean-Up Who Needs to be Involved When

9. Challenges Ownership of Department C&G Lit. Support Group as “Preferred Vendor” Identify Abilities (internal & external) Streamline Processes Help Justify Additional Resources Establish Best Practices Standards/Tech Spec Trends & Projections Define Internal vs. External Capabilities and When Tasks Processing vs. Production Being ready for “The Big One”

10. Foundation Assemble E-Discovery Group (consultative body) Build Workflow Protocols Build Procedures Based Upon Case Requirements Establish Pricing for Internal Tasks & ROI Billing vs. Realization Establish General Task Times Identify Vendors and Solutions (technology for different situations) Justify Needs (resources; people, technology, training)

11. Foundation Example Models Case Workflow Model (Case Team Discussion and Questions, e.g. scope, deadlines, productions, conversions, recommendations) Litigation Project Model Processing Standards (Metadata, File Types, e.g. Excel, Word, PP, Open Office, etc.) List of Preferred Vendors, Contacts, Services, Core Competencies COC (chain of custody) Forms Q.C. (quality control) Forms

12. Other Items to be Explored Regular Meetings (once/twice a month) with E-Discovery Group (Management Committee) to help guide Litigation Support Department. Available C&G Tools – Overview (Trial Director, CaseLogistics, LAW, etc.) Internal and External Education (legal & non-legal)

13. Other Items Needing to be Explored Legal/Law FRCP & Local Rules Duty of Counsel – Obligations, Planning Preservation Litigation Hold & Notices Regular Evaluation/Review of Department, Processes, & Procedures COC (chain of custody) Avoidance of Spoliation E-discovery Issues Technical/Litigation Support Data Storage and Formats Data Mapping Hash Filtering/Early Case Assessment Metadata Filtering Litigation Technology – Overall Digital Evidence Collection Protocols/Computer Forensics Client Consulting Pre-Processing Tech Time vs. Billable Time (Litigation Support Billable Requirements) Internal Capabilities Internal and External Education (legal & non-legal, CLE)

14. Why? Understand Processes (Hold through Trial) Manage Expectations Avoid Sanctions Client Understanding of Charges Justification for Resources Better Understanding of Internal “Business” The Better Off We are Going to Be…it’s only going to get worse. Decisions Need to be Made

15. What Do We Need To Do? Assuming there is support, where do I have to go to make sure that the financial and focus support is available? Investment – Time, Money, People Changes – Processes, Procedures, Structure

16. Misc. Quotations “Operating the department as a company will provide the structure and rules required for long-term operations. Without them, projects may suffer and the department becomes a financial drain on the firm“ Lieb, Mark R., 2005. Litigation Support Department , San Diego, CA: Ad Litem Consulting, Inc.

17. Misc. Quotations “e-discovery is more than a business -- it is an increasingly important piece of litigation, and lawyers need to have a common language and more predictable results in order to satisfy the demands of clients, judges, as well as the interests of justice. .” Krause, Jason, 2010. Confusion Carries the Day in E-Discovery Available at http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202446546213&Confusion_Carries_the_Day_in_EDiscovery [Accessed 26, March 2010].

18. Q&A Feedback? Questions? Ideas? Next Steps? Priorities?

19. Thank you