Law Practice Today’s topic this month, Electronic Discovery, is probably the hot technology topic for lawyers right now. In fact, California is currently considering a rule making lawyers responsible for becoming "familiar with relevant computer applications, document retention policies and the storage and retrieval capabilities of the client." So what are you waiting for? Let’s get started!
- Computer Forensics for Lawyers Who Can’t Set the Clock on their VCR (http://www.craigball.com/cf.pdf) (PDF File) – This article by Texas lawyer and technology guru Craig Ball is a favorite at ABA TECHSHOW®, and a must-read on the fundamentals of understanding electronic discovery.
- Discovery of Electronic Documents and Other
(http://www.okbar.org/barjournal/articles/051003.htm) – An article by Judge Stephen P. Friot, a U.S. District Judge in Oklahoma City. This article dates from 2002, but it still has some good basic ideas about electronic discovery.
- Electronic Discovery and Evidence
– Michael Arkfeld, author of the highly-regarded
book, Electronic Discovery and Evidence,
is one of the foremost authorities on electronic discovery,
and he shares his knowledge with us on his weblog.
More terrific information can be found at The Digital
Practice of Law, at http://www.arkfeld.com/.
- Alextronic Discovery (http://www.discoveryresources.blogspot.com/)
– Brought to you by Alex Lubarsky, a practicing
litigator and legal technology enthusiast. Alex posts
regularly about ED issues and news, and he also conducts
free online webinars through Fios. Subscribe to his
RSS feed, or sign up to receive weekly updates by
- LawTechGuru (http://www.lawtechguru.com/archives/electronic_discovery.html) – Jeff Beard, a/k/a the LawTechGuru, has a separate category on his blawg specifically devoted to electronic discovery.
All-Purpose EDD Links
- Discovery Resources (http://www.discoveryresources.org)
– One of the best new ED sites, Discovery Resources
features a blog-like news roll, articles from experts
like Dennis Kennedy and George Socha, case law, forms,
rules, and much more. This site is operated by one
of the vendors below, Fios, Inc.
- Discovery of Electronic Data
(http://californiadiscovery.findlaw.com/electronic_data_discovery.htm) – A site maintained by California lawyer Richard Best, it’s crammed full of useful information on EDD, whether you’re from California or not. Select from Legal Authority, Expert Advice, Preservation Orders, Sanctions/Spoliation, Document Retention Policies, and many more issues.
- KenWithers.com (http://www.kenwithers.com)
– Ken is a Senior Judicial Education Attorney
with the Federal Judicial Center, and he has channeled
his interest in electronic discovery onto his own
website. Here you’ll find recent articles and
presentations, links to audio programs about EDD,
electronic discovery rulemaking resources, and other
- Federal Judicial Center Resources
(http://www.fjc.gov/public/home.nsf/pages/196 – civil)
(http://www.fjc.gov/public/home.nsf/pages/334 – criminal)
No doubt compiled by Ken Withers, these two pages from the Federal Judicial Center offer links to articles, presentations, rules, and other information relating to items of interest in electronic discovery, including search and seizure issues involved in criminal investigations.
- EDDix (http://eddixllc.com/public_home.asp)
– This new site provides independent research,
analysis, and reporting on the electronic discovery
marketplace. A wealth of news and other information
on e-discovery products awaits you here.
- Law.com’s EDD Showcase
(http://www.law.com/special/supplement/e_discovery/) – A selection of articles from April of 2004 on various issues regarding electronic discovery, from Legal Times, Legal Tech Newsletter, New York Law Journal, and other sources.
- West LegalEDCenter Online CLE (http://westlegaledcenter.com) – Want to learn more about electronic discovery? Take an online seminar at West’s legal CLE portal. At last count there were 36 courses on e-discovery offered, at various prices.
A number of resources offer some great information on electronic discovery, but only via PDF format. So crank up your Acrobat Reader, and click away:
- The Sedona Principles: Best Practices Recommendations
& Principles for Addressing Electronic Document
(http://www.thesedonaconference.org/miscFiles/SedonaPrinciples200401) – A 73-page document from January 2004, designed to facilitate production of electronic documents, primarily in the Federal courts.
- Spring 2004 Issue, Richmond Journal of
Law and Technology (http://law.richmond.edu/jolt/index.asp)
– This year, JOLT conducted the world’s
first survey dedicated to e-discovery law, and some
pretty timely articles were the result, including:
- A Topic Both Timely and Timeless
- Electronic Discovery Best Practices
- Negotiating the Minefields of Electronic
- Collaborative Navigation of the Stormy
- A Topic Both Timely and Timeless
- Cross-Examination of the Computer Forensics
(http://www.craigball.com/expertcross.pdf) – this article by Craig Ball provides handy tips for dealing with that EDD expert on the other side of the case.
Rather than recommend one of the vendors below, I have suggested pages within thier Web sites, with valuable resources on electronic discovery, so you can make your own decision.
- Fios (http://www.fiosinc.com/articles.html)
– Articles and white papers on electronic discovery.
Also see http://www.fiosinc.com/webinar.html
for free webinars, or http://www.fiosinc.com/newsletter_subscribe.html
to sign up for the free ED-TV newsletter.
- Sensei Enterprises
(http://www.senseient.com/default.asp?page=forensics/forensics.htm) – Owned by ABA TECHSHOW® speakers Sharon Nelson and John Simek, Sensei offers this page of information and links on computer forensics and data recovery, as well as this page of articles
- Applied Discovery
(http://www.lexisnexis.com/applieddiscovery/lawLibrary/default.asp) – Recently purchased by LexisNexis, Applied Discovery offers white papers, case summaries, and free case summary alerts on e-discovery rulings. You’ll also find a listing of relevant court rules from around the country (http://www.lexisnexis.com/applieddiscovery/lawLibrary/courtRules.asp), articles (http://www.lexisnexis.com/applieddiscovery/lawLibrary/articles.asp), and a free newsletter.
- Kroll OnTrack (http://www.krollontrack.com/LawLibrary/)
– visit the Kroll OnTrack Library for articles,
case law, glossaries, legal research, newsletters,
- MERResource.com (http://www.merresource.com/)
– a subscription service provided by Cohasset
Associates, for a yearly fee you can find legal resources
related to managing your electronic records.