E-Discovery

Lawyers, by nature, are not very optimistic people. Maybe it’s a function of assessing risk constantly — with your ass on the line no less. Or just that lawyers tend to get called in after the s**t has hit the fan, so we aren’t generally exposed to the very best of humanity.

I can no longer remember if I was an optimistic, glass-half-full kinda person before law school, but surely there was some spark in me that saw the good in people and situations. I know because I just felt that small flame of hope flickering in my chest get extinguished. And it’s all because of a job posting

So what job is so bad it has me questioning my very faith in humanity?

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Ed note: This post originally appeared on Peter S. Vogel’s Internet, Information Technology & e-Discovery Blog.

A Judge ruled it was unreasonable to ask Apple “to execute a search warrant” which “could pose problems, as non-government employees, untrained in the details of criminal investigation, likely lack the requisite skills and expertise to determine whether a document is relevant to the investigation” according to a report in Computerworld. On August 7, 2014 Chief Judge Richard W. Roberts (US District Court, District of Columbia) in the case of In the Matter of the Search of Information Associated with [REDACTED]@mac.com that is Stored at the Premises Controlled by Apple, Inc. reversed an earlier decision by a Magistrate Judge which “refused to allow a two-step procedure whereby law enforcement is provided all emails relating to a target account, and is then allowed to examine the emails at a separate location to identify evidence.”

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Ed Sohn and Joe Borstein

Ed. note: Please welcome our newest columnists, Ed Sohn and Joe Borstein of Pangea3, who will be writing about the alternative legal services market and the future of the legal profession.

Stop what you’re doing! Take a journey with us to the alternative side of the legal profession for the next few minutes (and through our ongoing column). There is a revolution happening in the practice of law. And you should join it. Or, at the very least, break out the fanny packs and the binoculars and watch. For now, stop your SmartTimer and get off the clock… because as it turns out, reading this is NOT billable. Maybe try your favorite non-billable code, like “professional development.”

Here’s the newsflash: entrepreneurs and innovators are changing the legal profession for the better, having fun, and making real money in the process. The unstoppable forces of modern business — technology, globalization, the need for sleep/food/conjugal visits — are at the gates and climbing the highly defensible ivory tower….

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Ed. note: This is the latest installment of the ATL Tech Interrogatories. This recurring feature will give notable tech leaders an opportunity to share insights and experiences about the legal technology industry.

Drew Lewis serves as eDiscovery Counsel at Recommind. His unique experiences at Recommind coupled with prior experience as a commercial litigator handling all aspects of pretrial and trial practice allows Drew to bring practical solutions to lawyers who are struggling to understand the current and future role of technology in the practice and business of law. Drew continuously fights against inefficiencies in the law and encourages lawyers to shape their own future. Drew believes that the future of the law belongs to lawyers who broaden their world view and see there is much to learn from other disciplines. His goal is to help them not just survive, but thrive as the practice continues to evolve.

1. What is the greatest technological challenge to the legal industry over the next 5 years?

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huronEd. note: This is the first installment of the ATL Tech Interrogatories. This recurring feature will give notable tech leaders an opportunity to share insights and experiences about the legal technology industry.

Jon Resnick, Managing Director at Huron Legal, is an accomplished senior sales and field operations leader with more than 15 years’ experience running successful sales, marketing and consulting organizations in the legal services arena. As Managing Director and Global Sales Leader for Huron Legal, Jon’s focus is on expanding the business, establishing consistent sales methodologies across the organization and bringing new operational sales disciplines to the growing business development group. In addition, Jon serves as a member of Huron Legal’s executive team and works closely with those leaders to ensure the sales organization is aligned in strategy with the multitude of services Huron Legal provides.

1. What is the greatest technological challenge to the legal industry over the next 5 years?

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Isn’t discovery fun?

You sometimes hear Biglaw litigators complain about courts not publishing enough opinions about discovery issues. Discovery (especially e-discovery) is such a major — and majorly expensive — part of the complex litigation in which large firms specialize, but there aren’t that many decisions on the books over such nuts-and-bolts issues as responsiveness, privilege, and work-product doctrines.

So it’s noteworthy that the Massachusetts Appeals Court just issued an opinion featuring extended discussion of the work-product doctrine. Some Boston Biglaw litigators will surely welcome the additional guidance on this subject.

But not all of Boston Biglaw will be pleased by this decision. Certainly not the major firm that could wind up getting hit with sanctions as a result….

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Judge Diarmuid O’Scannlain (my former boss)

* Virginia is for lovers — gay and straight alike. Judge Arenda L. Wright Allen (E.D. Va.) just struck down the state’s ban on same-sex marriage (but stayed her ruling pending appeal). Happy Valentine’s Day! [Washington Post]

* The Ninth Circuit, in an opinion by Judge Diarmuid O’Scannlain, issued a major Second Amendment ruling. Is it correct, and what will happen next? Professor Eugene Volokh shares his thoughts. [Volokh Conspiracy; Volokh Conspiracy]

* Which leading law firms are trying to make the Comcast/Time Warner Cable monstrosity into reality? [American Lawyer]

* Did a Biglaw firm make a big-time mistake by blowing a deadline to appeal a $40 million verdict? [Law360 (sub. req.)]

* Speaking of screw-ups, making them in the e-discovery realm can be costly — a lesson that California is learning the hard way, to the tune of $32 million. [ACEDS]

* Former New Orleans Mayor Ray Nagin thought he’d be acquitted; he thought wrong. [ABA Journal]

* George Washington wasn’t a member of the one of the 8 magic groups — but his story still illustrates the truth of The Triple Package (affiliate link), according to Washington biographer Logan Beirne. [Fox News]

* Authorities have made an arrest for the package bombing that killed a retired Tennessee lawyer and his wife. [CNN]

I’ve recently realized I do a lot of complaining. Maybe it’s hard not to. This column has given me a terrific forum to… well, complain about a lot of the things I think are wrong in the world of document review. Maybe it’s a screed about horrible bosses or how the reviewer next to me seems allergic to using tissues. I regret nothing.

Venting and getting it all out there has been cathartic and the response from you the readers has been vindicating. But, I am trying to be a little more zen about the legal profession and my small role in it.

It’s an imperfect science, and I am still working on it, but here are some tips for loving doc review….

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In last week’s column, I drew some customer service lessons for lawyers from the way that Disney treats visitors to its theme parks. This week, I want to focus on how Disney incorporates technological advances into its theme parks as a means of enhancing the customer experience.

On my recent visit, I was struck by the presence of two familiar pieces of technology from the “real world” within the Disney parks: (1) Disney’s new smartphone app for theme park visitors and (2) the availability of wi-fi in most areas of the park. Each example illustrates distinct yet relate, approaches to implementing technology for the benefit of the customer. And while I am sure that each took Disney many man-hours to develop, test, and roll-out publicly, it was refreshing for me as a lawyer to see a company of that stature making the investment to do so. It was also a real contrast to my Biglaw experience, where implementing technology in a way tailored to improve the client (and even employee) experience was all too often a low priority….

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