Issue link: https://epubs.iltanet.org/i/25416
2. Become proactive with legal requirements. More outside counsel are advising enterprise clients to proactively manage legacy data in order to get ahead of the curve when it comes to ESI identification. Ask legal to define what ESI data should be kept and placed on litigation hold, and what should be purged. These legal requirements will allow clients to put a policy in place to save specific content, certain custodians and intellectual property so that it is identifiable and ready for on-demand discovery. 3. Understand technology limitations. When culling data, try to understand any limitations that might exist with the technology platform. How are duplicates defined? Is the metadata modified? Are all the words in a document included in a search? Restrictions in document search solutions will impact the quality of your discovery. Only use tools that index all the content and don’t change any of the metadata. Some of the older search solutions compromise the indexing process and this will come back to hurt you in the end. Become a discovery expert. Keep current with new technology. If you have been working with tools or vendors for many years and haven’t spent the time to learn how new technology can support more comprehensive, defensible and cost efficient collection efforts, you should. It is easy to stick with a comfortable process. However, as new technology enters the market, it tends to improve and strengthen the discovery process. Taking the time to understand technology trends gives you an advantage when creating and maintaining a current, defensible collection process. 4. 32 Litigation and Practice Support ILTA White Paper The litigation support role is the focal point for any ESI presented in the courts. Defensible data is critical to the success of your clients’ cases. No one wants to be found negligent or fined because of flawed data collection. Staying informed about new technology and working with your colleagues to proactively create a defensible process is critical to success now, and even more so in the future. ILTA iPhone App for Texas Lawyers The State Bar of Texas Computer & Technology Section has released a one-of-a-kind iPhone app for Texas lawyers. “With more than 50 codes, rules, acts and legal compilations, this application will quickly become a must-have addition to every Texas lawyer’s arsenal,” said Grant Scheiner, Chair of the Texas State Bar Computer & Technology Section. Download/access info can be found at http://www.sbot.org/iphone-app-info-2/