Every lawyer needs eDiscovery. Do you do it right? Learn how to navigate dramatically increasing amounts of electronic data in this free Clio webinar. How does your firm handle eDiscovery? In litigation and government investigations, eDiscovery is the process by which information is exchanged electronically—and it’s becoming more and more common. Unlike traditional information stored in paper form, electronic information is much more pervasive, long-lasting, and transient. During a discovery disclosure, you will get mountains of data that needs to be sorted and analyzed. In this webinar, we’ll talk about the principles of eDiscovery and how your can ensure that your practice can properly preserve and sort information efficiently. Join Nextpoint CEO Rakesh Madhava and Clio’s own Joshua Lenon as we walk you through: - the basics of eDiscovery - which tools your firm should use to acquire and preserve information - how to quickly find the nuggets of data your case needs - how to integrate eDiscovery better into your practice Even with the growing importance of eDiscovery, most law firms still aren’t prepared to handle large amounts of digital information. Make sure that yours isn’t one of them.

1. eDiscovery for the
Small or Solo Law Firm
A Clio Webinar with
Joshua Lenon – Clio
Rakesh Madhava - Nextpoint
Clio #ClioWeb

2. Agenda
• E-Discovery:
– Defined (10 minutes)
– Principles (10 minutes)
– Rules (10 minutes)
• Integrating E-Discovery in Your Practice (15
minutes)
• Proportionality in Other Jurisdictions (5
minutes)
• Questions
Clio #ClioWeb

3. Instructors
• Joshua Lenon
– Lawyer in Residence at Clio
– Admitted in New York
• Rakesh Madhava
– Nexpoint CEO & Founder
– Litigation Consultant since 1996
Clio #ClioWeb

4. E-Discovery
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5. Rakesh Madhava
Nextpoint CEO & Founder

6. Thank you, Clio!

7. Leveling The Playing Field:
E-discovery For Small Firms

8. Nextpoint serves over 250 firms like
yours across the country

9. Nextpoint is a powerful
evidence management service.
contract

10. It’s software
designed to
help you
understand the
facts in your
cases.

11. WHAT IS E-DISCOVERY?
From Wikipedia:
Electronic discovery (or e-discovery or ediscovery) refers to
discovery in civil litigation or government investigations which
deals with the exchange of information in electronic format
(often referred to as electronically stored information or ESI).
[1] These data are subject to local rules and agreed-upon
processes, and are often reviewed for privilege and
relevance before being turned over to opposing counsel
11
Source: http://en.wikipedia.org/wiki/Electronic_discovery
Various (2009). Eoghan Casey, ed. Handbook of Digital Forensics and Investigation.
Academic Press. p. 567. ISBN 0-12-374267-6. Retrieved 27 August 2010.

12. WHAT IS E-DISCOVERY?
Ask the inverse question. What is not eDiscovery?
It still Discovery. With the evidence being electronic.
There is very little ‘non-e’ discovery, such as physical or
forensic evidence.
Even this generally is produced electronically (photos,
videos, reports)
The existing legal frameworks for dealing with evidence
still are relevant, if somewhat outdated.
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13. PRINCIPLES OF E-DISCOVERY
7th Circuit Electronic Discovery Committee
http://www.discoverypilot.com/sites/default/files/Principles8_10.pdf
This is a pilot project within the 7th Federal Circuit to examine and
recommend changes to meet the challenges of electronic data.
Sedona Conference Principles for Electronic Document
Production Second Edition
https://thesedonaconference.org/publication/The%20Sedona%20Principles
The Sedona Conference is a think tank that publishes principles and
guidelines for the bench, the bar, and rules making committees.
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14. 7TH CIRCUIT ELECTRONIC DISCOVERY
COMMITTEE
Purpose is to secure just, speedy, and inexpensive
determination of every civil case
Cooperation, Proportionality
ECA: Meet and Confer, Liaison, Preservation, Scope,
Identification, Production Formats
Education: FRCP Rules 26, 33, 34, 37 and 45 as well as
State Rules, 2006 Amendments
Duty of Continuing Eduction
14
Source: http://www.discoverypilot.com/sites/default/files/Principles8_10.pdf

15. SEDONA CONFERENCE PRINCIPLES
1. Electronically Stored Information is Discoverable
2. Proportionality is paramount
3. Parties should confer early
4. Discovery requests should be clear
5. Preservation should be reasonable and done in good faith
6. Responding parties are best situated to evaluate the scope of effort
7. Active data is the primary source, backups only when needed
8. Requesting party has the burden to show productions are lacking
9. Deleted, shadowed or residual data are not required
10. Responding party should follow reasonable procedures to protect privilege and objections
11. Responding parties can use tools and processes like sampling and searching and selection criteria
12. No obligation to preserve and produce metadata absent agreement
13. Reasonable costs are borne by the responding party
14. Sanctions should only be considered if there was intentional or reckless failures
15
Source: https://thesedonaconference.org/publication/The%20Sedona%20Principles

16. HOW DO THE SEDONA PRINCIPLES FIT?
The mission of Working Group 1 is to develop principles and best practice
recommendations for electronic document retention and production in civil
litigation.
The group released the first public comment draft of The Sedona Principles in
March 2003, and the impact was immediate and substantial. Within a few weeks,
The Sedona Principles was cited by the Civil Rules Advisory Committee Discovery
Subcommittee as one of the reasons to focus on possible amendments to the
Federal Rules of Civil Procedure, and it was cited in the seminal Zubulake case in
the Southern District of New York.
The Sedona Principles and several companion works, including guidelines for
electronic document management, an authoritative glossary of e-discovery and
electronic records management terms, several commentaries on e-discovery
related topics, and cooperation guidance for trial lawyers, in-house counsel, and
the judiciary.
16

17. WHAT CASE LAW MANDATES E-DISCOVERY
TECHNOLOGIES
No specific technologies mandated
FRCP Rule 16: Pretrial Conferences; Scheduling; Management
FRCP Rule 26: Duty to Disclose; General Provisions Governing Discovery
FRCP Rule 33: Interrogatories to Parties
FRCP Rule 34:Producing Documents, Electronically Stored Information, and Tangible Things, or
Entering onto Land, for Inspection and Other Purposes
FRCP Rule 37: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
FRCP Rule 45: Subpoena
2006 Amendments to FRCP amended all of the above rules specifically toward ESI
State Rules
17
Source: http://apps.americanbar.org/lpm/lpt/articles/tch08061.shtml

18. WHAT TOOLS ARE AVAILABLE TO
FACILITATE SMALL FIRM DISCOVERY
Nextpoint (disclaimer, I’m the CEO)
American Bar Association Legal Technology Resource Center
http://www.americanbar.org/groups/departments_offices/
legal_technology_resources/resources/charts_fyis.html
State and Local Bar Associations
Build versus Buy
Consultation with end-clients on litigation preparedness
Find you own workflow
Find a reliable partner “your person”
18

19. WHAT TOOLS ARE AVAILABLE TO
FACILITATE SMALL FIRM DISCOVERY
Understand the steps in the process
Collect
Analyze
Review
Exchange
Prepare
19

20. HOW TO PICK AN EDISCOVERY TOOL
proportionality
cost - not too much, not too little
leave plenty of time
allow for training, which one is easiest to use
security provisioning, how are you securing data
speed of platform
availability of data to the entire trial team
no one size fits all.
Consider the cloud
20

21. INTEGRATE EDISCOVERY INTO PRACTICE
Clio integration
Join our Beta Testing Group!
Integrations for time tracking, case history, single case
sign-on, correspondence, case management, document
management, pleadings, discovery plans.
Which ones work best for you?
21

22. Thank you!

23. Integrating E-Discovery
Clio #ClioWeb

24. Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net
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25. Complaint/Answer:
Internet collections and early case assessments
Pre-Discovery:
Meet and confer assistance, search syntax assistance,
file processing
Relevance and Privilege Review:
Review setup, privilege identification, electronic
production transfer
Fact and Expert Discovery:
Electronic witness binders and transcript libraries
Hearing Preparation:
Arbitration, mediation, summary judgement, injunction,
class cert, daubert, markman, pre-trial
Evidence and Pleading Libraries:
Deposition exhibits, transcripts and video file sharing for
pleadings
Trial Support:
Opening statement, demonstratives and courtroom

26. Integration Requirements
• Forward and backwards looking
• Agnostic Tools
• Collaborative
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27. Forward and
backwards looking
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28. Litigation Holds Backups
• Clients need data management policies on what
what to retain.
• Clients need to store information in central,
accessible repositories.
• Lawyers need to be able to communicate need
for holds.
• IT needs to be able to segregate data
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29. Clio #ClioWeb

30. Agnostic Tools
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31. Agnostic Tools
• EDRM lists over 200 suggested file
types for turning over ESI
– Native, Near-Native, Image, Paper
• Pick tools that can handle varied
data formats metadata
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32. Nextpoint accepts hundreds of
different file types

33. Collaborative
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34. E-Discovery Collaboration
• Rules encourage communication
and negotiation between parties on
e-discovery
– Dates
– Formats
– Presentation
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35. Clio #ClioWeb

38. Powerful collaboration tools

39. Clio #ClioWeb

40. Proportionality in
Other Jurisdictions
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41. Canada
• Proportionality introduced in 2009-2010
in Nova Scotia, Ontario, Alberta, and
British Columbia
• Important new standards:
– Materiality trumps relevance
– Evidence required for additional
document demands
Clio #ClioWeb

42. United Kingdom
• “Proportionate costs” entered as part of the
2013 Jackson Reforms
• Parties make the assessments about scope,
method and cost
• “Standard disclosure” costs must be disclosed
• Court may make disclosure orders based on
“overriding objective”
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43. Thank You
Joshua Lenon
Joshua@goclio.com
@JoshuaLenon
Linkedin.com/in/joshualenon
Clio #ClioWeb