P2P

35 I L T A N E T . O R G probable evidence will include the contract, witnesses, multiple electronic message threads such as emails, texts, Slack messaging, video calls, and more. The messages could contain multiple attachments and may be cumbersome to produce coherently. And the language of all of these is often far less formal than the faxes and even emails of disputes in the past. Will you need a witness to testify to whether the thumbs-up emoji meant there was mutual assent? Early conversations with clients are necessary to ensure that they understand discovery requirements and the potential consequences of failing to produce discoverable evidence. You also need to know how the people within an organization communicate, such as through chat, on their own or employee-owned devices (likely a combination of both), and where information is stored. Communication with opposing counsel and ediscovery vendors will also be essential to managing the scope, process, and timeline. A best practice would be to have a single source of truth for storing written trial strategies and project management plans. Include descriptions of how your evidence will be presented and authenticated at trial. Having a written plan that is available to all trial team members prevents information silos. In general, over- communicating when it comes to trial preparation is preferred. Use technology wisely. Anything that simplifies life for the litigation team and makes them more efficient will help deal with the FEATURES

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