Litigation SupportLitigation Support

Outline of Items to Consider in Department Outline of Items to Consider in Department DevelopmentDevelopment

David J. KearneyDavid J. KearneyFebruary 1, 2010February 1, 2010

Technology - SoftwareTechnology - Software

What Firm NeedsWhat Firm Needs Department Training Department Training ABC SoftwareABC Software Additional license of XYZ SoftwareAdditional license of XYZ Software Ability to do XXX & XXXAbility to do XXX & XXX

What Firm HasWhat Firm Has ABC Software – In-house review toolABC Software – In-house review tool XYZ Software – E-Discovery ProcessingXYZ Software – E-Discovery Processing Court Room Presentation softwareCourt Room Presentation software Time Line softwareTime Line software

Technology - HardwareTechnology - Hardware

What Firm NeedsWhat Firm Needs Dual monitorsDual monitors Dedicated printerDedicated printer Better processing machines – specsBetter processing machines – specs Review PC in litigation storage/review area.Review PC in litigation storage/review area. Write BlockerWrite Blocker

What Firm HasWhat Firm Has 2 Active processing machines (PC)2 Active processing machines (PC) 2 External DVD burners2 External DVD burners 2 Hard drives for deliverable productions2 Hard drives for deliverable productions

Technology - MiscTechnology - Misc

DocumentationDocumentation

InventoryInventory

Data MapData Map

Backup RoutinesBackup Routines

Preventative Maintenance PlanPreventative Maintenance Plan

WorkflowWorkflow

What Litigation Support DoesWhat Litigation Support Does

• The Litigation Support Department at XYZ Firm manages The Litigation Support Department at XYZ Firm manages case discovery by utilizing technology to efficiently and case discovery by utilizing technology to efficiently and effectively to manage, process, cull, and produce case effectively to manage, process, cull, and produce case discovery. The Litigation Support Department also discovery. The Litigation Support Department also assists the Litigation Department in best managing case assists the Litigation Department in best managing case discovery. The Litigation Department utilizes a variety discovery. The Litigation Department utilizes a variety of in-house review & case management tools and of in-house review & case management tools and outside vendors/consultants/service bureaus to best outside vendors/consultants/service bureaus to best manage case discovery, technical needs, case manage case discovery, technical needs, case requirements, and deadlines.requirements, and deadlines.

Organization – Roles, Organization – Roles, ResponsibilitiesResponsibilities

Functions of the Litigation Support DepartmentFunctions of the Litigation Support Department Loading/Importing review tool/databases with Loading/Importing review tool/databases with

electronic/electronic version of discovery.electronic/electronic version of discovery. Searching & modifying databases based on instruction from Searching & modifying databases based on instruction from

Litigation Team.Litigation Team. Database maintenance, archiving, and clean-up.Database maintenance, archiving, and clean-up. Database discovery quality control.Database discovery quality control. Reviewing litigation tools, vendors, and best practices.Reviewing litigation tools, vendors, and best practices. Training the Litigation Department in the use of the Training the Litigation Department in the use of the

available tools, process, and approach to electronic & available tools, process, and approach to electronic & traditional discovery.traditional discovery.

Coordinating related training courses and CLEs for Litigation Coordinating related training courses and CLEs for Litigation Department and Litigation Support Department staff.Department and Litigation Support Department staff.

Managing electronic data according to FRCP and case Managing electronic data according to FRCP and case requirements.requirements.

Organization – Roles, Organization – Roles, ResponsibilitiesResponsibilities

(con’t)(con’t)

File conversion for optimal use (TIFF, PDF).File conversion for optimal use (TIFF, PDF). Documentation of litigation support case activity.Documentation of litigation support case activity. Creating and managing production requests.Creating and managing production requests. Recommending best practices and discovery Recommending best practices and discovery

management for case needs.management for case needs. Preparation of exhibits for trial.Preparation of exhibits for trial. Managing discovery (Volatile & Non-volatile) based on Managing discovery (Volatile & Non-volatile) based on

Discovery Intake and Workflow Protocol.Discovery Intake and Workflow Protocol. Training staff in the use of the available toolsTraining staff in the use of the available tools Reconciling invoices from vendors/partners Reconciling invoices from vendors/partners Projecting future storage, processing, and staffing needs.Projecting future storage, processing, and staffing needs.

How the Department How the Department OperatesOperates

Reporting StructureReporting Structure

ScheduleSchedule

Contact InfoContact Info

On-callOn-call

In-House vs. OutsourcedIn-House vs. Outsourced

Can Do/Should Do (Examples):Can Do/Should Do (Examples):• Assessing case discovery needsAssessing case discovery needs• Advising of best practices regarding case discoveryAdvising of best practices regarding case discovery• Loading of discovery databasesLoading of discovery databases• Quality control & documentation of discovery databasesQuality control & documentation of discovery databases• Loading of discovery databases with native files and scanned documentsLoading of discovery databases with native files and scanned documents• Managing case discovery processing with vendors and service providersManaging case discovery processing with vendors and service providers• Establishing general and case specific technical specifications for in-house review Establishing general and case specific technical specifications for in-house review

and vendor hosted solutionsand vendor hosted solutions• Copying discovery mediaCopying discovery media• Providing discovery requestsProviding discovery requests• Processing of basic office based Electronic Discovery, such as MSOffice related Processing of basic office based Electronic Discovery, such as MSOffice related

documents (Word, Excel, PowerPoint), Microsoft based E-Mail PST files and .msg documents (Word, Excel, PowerPoint), Microsoft based E-Mail PST files and .msg files, WordPerfect, and other general business documents/files.files, WordPerfect, and other general business documents/files.

• Trial preparation & coordination of trial discoveryTrial preparation & coordination of trial discovery• Coordinate training for vendor & service bureau solutionsCoordinate training for vendor & service bureau solutions• Managing the transfer of in-house databases to a hosted solution, as necessaryManaging the transfer of in-house databases to a hosted solution, as necessary• Providing case discovery to client in appropriate format to client, if requested, that Providing case discovery to client in appropriate format to client, if requested, that

the client can review.the client can review.• Protecting discovery integrity with the use of a Write BlockerProtecting discovery integrity with the use of a Write Blocker• Pre-assessment report of data for legal team, client, and processing estimations.Pre-assessment report of data for legal team, client, and processing estimations.

In-House vs. OutsourcedIn-House vs. Outsourced

Can’t/Shouldn’t Do (Examples):Can’t/Shouldn’t Do (Examples):• Password crackingPassword cracking• Processing of proprietary systems & applicationsProcessing of proprietary systems & applications• Forensic harvestingForensic harvesting• Hosting data to outside counsel, experts, etc.Hosting data to outside counsel, experts, etc.• Processing data from very old legacy media & systems, including tape Processing data from very old legacy media & systems, including tape

restorationrestoration• Processing databasesProcessing databases• Deadline intensive extremely large datasetDeadline intensive extremely large dataset• Processing of server based systems Processing of server based systems

Policies & Procedures, Regulations, Policies & Procedures, Regulations, ComplianceCompliance

• Chain-of-CustodyChain-of-Custody

• Metadata PreservationMetadata Preservation

• Local Court RulesLocal Court Rules

BaselinesBaselines

TIFF ConversionTIFF Conversion ImportingImporting TIF FilesTIF Files Electronic fileElectronic file Load FilesLoad Files ExportingExporting Production setsProduction sets LabelingLabeling Conversion to other format, as requiredConversion to other format, as required Copying data to mediaCopying data to media

ExpectationsExpectations

Case & Case Needs – Vary due to size, complexity, file Case & Case Needs – Vary due to size, complexity, file types, deadlinestypes, deadlines

Sooner rather than laterSooner rather than later

Rules-of-ThumbRules-of-Thumb

Approximate documents per MB/GB/TBApproximate documents per MB/GB/TB Types of media and sizesTypes of media and sizes Approximate documents per box, file cabinet, per inchApproximate documents per box, file cabinet, per inch Time to process paper and electronic volumesTime to process paper and electronic volumes

MarketingMarketing

Internal MarketingInternal Marketing

External (Client) MarketingExternal (Client) Marketing

Technology RoutinesTechnology Routines

Tapes/Disc Backup ScheduleTapes/Disc Backup Schedule

DR PlansDR Plans

Outage/Database MaintenanceOutage/Database Maintenance

Identify VendorsIdentify Vendors

Preferred Vendors Preferred Vendors

Function (processing, hosting, harvesting, data Function (processing, hosting, harvesting, data restoration, etc.)restoration, etc.)

Engagement PlanEngagement Plan

Geographic LocationGeographic Location

ProtocolsProtocols

Final ItemsFinal Items

Software training & support (discovery review, trial Software training & support (discovery review, trial prep/presentation, etc.)prep/presentation, etc.)

Training of review tool, case specific items/issues, and trail Training of review tool, case specific items/issues, and trail preparation applications are conducted by the litigation support preparation applications are conducted by the litigation support departmentdepartment

General industry training & supportGeneral industry training & support Internal consulting of case discovery issues and needs are Internal consulting of case discovery issues and needs are

provided by the litigation support departmentprovided by the litigation support department Database/case archiving & destructionDatabase/case archiving & destruction

Final ItemsFinal Items

Historical InfoHistorical Info Litigation Support Billable Litigation Support Billable Vendor Support & costsVendor Support & costs Types of cases, database, and discovery worked onTypes of cases, database, and discovery worked on Types of processing handled/managed (internal and external)Types of processing handled/managed (internal and external) Vendors usedVendors used Tracking trendsTracking trends Looking forward needsLooking forward needs TrendsTrends Growth opportunitiesGrowth opportunities What is billable/non-billableWhat is billable/non-billable Projections based of cases, types of cases, volumeProjections based of cases, types of cases, volume Personnel NeedsPersonnel Needs