Discovery

This week, after boring myself to death listening to Lillian McEwen discuss Clarence Thomas’s “activities” on Larry King, I knocked back a couple cans of Four Loko to ease the pain and got right to work on this week’s Rundown.

Lots of free stuff available after the jump, including a free e-book on legal productivity, a newsletter on social media and the law, and a whitepaper on law practice management. There’s also a website that covers the entire history of social media from way back in the day when we had Usernets and BBS, and another article on how dubious discovery could land you in the slammer.

So let’s get on with it. Here is this week’s Rundown…

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This week, in between eating as many burgers with extra onions as I could at Rogue States, and lobbying heavily for my law school to be more like Harvard and hide their GPAs (in my case, I was really hoping they could implement that retroactively), I managed to collect lots of good material for this week’s Rundown.

Among other things, the Rundown features a major merger, more on predictive coding, another Masters Conference write-up, several surveys, a cartoon caption contest, how technology is helping those in pro bono — and, oh, a bit of litigation that could last a long, long time….

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This week, while taking a break from my favorite pastime — hanging out with strippers and snorting coke with federal judges — I attended the Masters Conference in Washington, DC. For those of you who aren’t familiar with this conference, it has carved out a significant niche for itself in the e-discovery universe. The Masters Conference is a gathering of legal technology thought leaders from all over the world, who come together every year at this time to talk about all things e-discovery. The yearly meeting was the brainchild of entrepreneur extraordinaire Robert Childress, president of Wave Software.

After attending last year’s Masters Conference, I thought I knew what to expect again this year: a small meeting (certainly not on the level of a LegalTech or an ILTA Annual Meeting), with the usual suspects, and similar — if not the same — topics of discussion.

Well, what a difference a year makes! The Masters Conference may only be in its fifth year of existence, but it seems to have just had its coming-out party. I’ll give you my three takeaways, after the jump…

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Welcome to the latest installment of The Rundown, a review of recent developments in the world of legal technology. Let’s plunge right in.

* Happy Birthday to Clio, a legal technology company that helps to streamline law offices. Clio is officially two years old, which is like twenty years in Biglaw.

* I pick up a lot of information about legal technology on Twitter. Two of the best people to follow in this subject area are Rob Robinson of Orange Legal Technologies and Eric Feistel of Integreon. These guys tweet out a plethora of information on a daily basis. It should be no surprise that in a past life they used to work together for another vendor.

* Another writer who has a firm grasp of e-discovery issues is Greg Buckles of ediscoveryjournal.com. This week he has an interesting post about vendor trends at LegalTech, which — hard to believe — is right around the corner.

More links, after the jump.

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Tough kitten

Your Facebook profile photo should look like this if you file a personal injury lawsuit.

Kash here. Now that I’ve departed for Forbes, I see that Elie has to take care of the hand jobs around here. I hope you’re all satisfied with his treatment.

Meanwhile, I’m bringing you news of a less salacious sort — a tale of two lawsuits. One involves an artist who wants to get paid for his work and is suing a clothing company for breach of contract. The other features a university employee who wants to get paid for falling out of her allegedly defective chair and has filed a personal injury suit against the chair manufacturer (for breach of contact?).

The former gets to keep his Facebook and MySpace communications private, and the latter has to turn them over. Old electronic communications laws mixed with cutting-edge electronic communication on social networking sites translates into a confusing set of precedents around the country.

The two cases might leave you scratching your head over what’s discoverable in a civil suit, but personal injury lawyers can take away a concrete lesson. In addition to advising your clients to wear a neck brace to court, advise them to always slap one on for Facebook profile photos…

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The world of legal technology was quite busy this week. After culling through countless articles, press releases, and blog posts, I selected the stellar few, the finest gems, and most importantly, the ones I like, to share with the Above The Law faithful. I do it so you don’t have to.

With that said, here is this week’s rundown…

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Just because it’s Saturday doesn’t mean you can escape document review — or at least talking about document review.

A liveblog of the Lavender Law panel on e-discovery, after the jump.

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Discovery disputes, like a certain other thing, happen. But it’s not often that these happenings make the pages of the New York Times. An article on the front page of the business section reports:

Dell has been accused of withholding evidence, including e-mails among its top executives, in a lawsuit over faulty computers it sold to businesses, according to a filing made Thursday. Advanced Internet Technologies filed a motion in Federal District Court in North Carolina asserting that Dell had deliberately violated a court order by failing to produce documents written by its executives, including the company’s chief executive and founder, Michael S. Dell.

The filing is the latest twist in a three-year-old lawsuit brought by A.I.T. that accuses Dell of selling at least 11.8 million faulty PCs over three years and then trying to hide problems with the computers from customers. A.I.T., an Internet services company, says it lost business as a result of the broken Dell machines.

Ironically enough, one of the apparent victims was the law firm representing Dell in the case….

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document review Above the Law blog.jpgThat’s the question that Arin Greenwood — who previously brought us this great article, as you may recall — tackles in a long but interesting piece for the Washington City Paper, entitled Attorney at Blah. Greenwood writes:

For more and more law school graduates, this is the legal life: On a given day, they may plow through a few hundred documents—e-mails, PowerPoint presentations, memos, and anything else on a hard drive. Each document appears on their computer screen. They read it, then click one of the buttons on the screen that says “relevant” or “not relevant,” and then they look at the next document.

This isn’t anyone’s dream job, but more and more lawyers in big cities around the country are finding that seven years of higher education, crushing student loans, and an unfriendly job market have brought them to windowless rooms around the city, where they do well-paid work that sometimes seems to require no more than a law degree, the use of a single index finger, and the ability to sit still for 15 hours a day. Is this being a lawyer? It is now.

The best stuff is at the beginning, in which Greenwood paints a vivid (and hilarious) picture of a temp attorney’s daily grind of document review. The end of the piece, a description of the grim realities of the legal job market for most law school graduates, might be interesting to lay readers, but it will be all too familiar to anyone who’s heard of Loyola 2L.

Check out the full piece by clicking here.

Attorney at Blah [Washington City Paper]

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