It’s impossible for counsel to look at every single document that’s part of a large-scale e-data review—doing so would be prohibitively costly and time-consuming. But it’s also unacceptable to blindly produce documents to the opposing party. You can safeguard clients without excessive expense by taking time at the beginning of the case to make some determinations about how to conduct the review. Try one of these four ways to speed up e-data review.
Because documents produced from computers will represent only a small fraction of the electronically stored information that may exist, a request for production during discovery may not be enough. To get at all the relevant documents, you may want to demand the physical inspection of the responding party’s computer system under CCP §2031.010(c).
This week, we profile Alex Lubarsky:
CEB: What is your practice area and how did you choose it?
Alex: My firm started as an immigration firm handling deportation defense because I had lived for a period of time in Northern Argentina and learned Spanish. We now offer criminal defense and debtor-side bankruptcy and have grown in the Asian and Russian communities due to attorneys and paralegals who are natives from those areas climbing aboard with us. I am a tech geek and have a concurrent career as an electronic discovery consultant.
CEB: What CEB book or program have you found most helpful in your practice and why?
Alex: California Criminal Law and Procedure – it has clarified what was a new and nebulous area of law. I study it before almost every appearance in the criminal courts. The forms manual companion has saved me (and my client) more than once.