Peer to Peer Magazine

23 WWW.ILTANET.ORG BEST PRACTICES EMS partnerships task the vendor staff with infrastructure maintenance. Though maintenance of the infrastructure is handled by the vendor, administrative case tasks — such as reviewing workspace creation, group permissions and assignments — and case archiving can be handled by internal teams and can be offered as value-added items to clients, further reducing discovery costs. Create Templates Templates streamline workflows. Period. Structure an internal team from your litigation support team members to review current templates and procedures. Collaborate with the vendor support team to review and revise or create templates. Uniform templates simplify workspace creation and case standards, which can reduce administrative and litigation support billing time. Vendors typically see myriad case scenarios and can propose solutions for multiple situations. Templates, procedures and workflows are living, breathing elements of case management and should be evaluated periodically for improvement and to take advantage of implemented technologies and case and staff restructuring. Meet to Master Clear and enthusiastic communication is fundamental to the EMS partnership. Schedule weekly meetings with the vendor support team and the account manager to offer an opportunity to discuss and refine standard protocols, project requirements and bandwidth, account expectations, and firm goals for the EMS arrangement. The meetings are an occasion to identify expertise within the vendor support team to beer appreciate how they can supplement the internal litigation team. Litigation support managers and directors can then determine what tasks can be outsourced to the vendor for more efficient and cost- effective completion. This strategy permits internal teams to function in a more consultative role to the case teams. Construct a discovery playbook for teams and distribute it to case teams to promote an understanding of options and procedures. The meetings are likewise an opportunity to develop educational programs. Short-term sessions and long-phased learning instruction can cover an array of discovery topics. Joining resources through educational programs increases the value of both vendor support and internal teams and illustrates a commitment to growth in the individuals and the partnership. Better Together An e-discovery managed services (EMS) partnership with a third-party vendor can be a successful method to manage and reduce litigation discovery costs. Take the time to find out if your firm can benefit from such a partnership. P2P Beer Together with E-Discovery Managed Services New California Legislation That Should Get Every Lawyer Thinking We all remember our first time behind the wheel. Learning to drive is not easy and takes experience. So does gaining competency in dealing with e-discovery. In 2015, The State Bar of California Standing Committee on Professional Responsibility and Conduct issued formal opinion no. 2015- 193 stressing the importance of competency when handling electronically stored information (ESI). Attorneys should be able to perform (either by themselves or in association with competent co-counsel or expert consultants) the following: » Initially assess e-discovery needs and issues, if any; » Implement/cause to implement appropriate ESI preservation procedures; » Analyze and understand a client's ESI systems and storage; » Advise the client on available options for collection and preservation of ESI; » Identify custodians of potentially relevant ESI; » Engage in competent and meaningful meet and confer with opposing counsel concerning an e-discovery plan; » Perform data searches; » Collect responsive ESI in a manner that preserves the integrity of that ESI; and » Produce responsive non-privileged ESI in a recognized and appropriate manner. If you practice outside of California, you are probably thinking, "Why should I care?" Whether your duty to provide competent legal representation is specific (like in California) or general (like in almost every other state), legal professionals must understand the complexity that comes with ESI. If you are not competent on how to preform data searches or implement ESI preservation procedures, you will not be able to be a zealous advocate for your client and could cost them a lot of money and possibly get yourself sanctioned. (See HM Elecs., Inc. v. R.F. Techs., Inc., 2015 U.S. Dist. LEXIS 104100 (S.D. Cal. Aug. 7, 2015)). What do you do if you are not proficient in e-discovery? Get help! There are many educational offerings to help get you up to speed. However, just like getting behind the wheel to drive a vehicle, it will take time to learn to navigate through e-discovery with ease. In the meantime, do not be afraid to engage expert third-party professionals and outside counsel to act as an extension of your team. P2P Getting Behind the E-Discovery Wheel by Sheldon Noel of Kroll Ontrack

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