http://www.discoveryresources.org/library/case-law-and-rules/the-sedona-conference-cooperation-proclamation-cooperation-as-zealous-advocacy/ Electronic Discovery (E-Discovery) Resources, News & Information Tue, 16 Aug 2011 20:04:43 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.discoveryresources.org/library/case-law-and-rules/the-sedona-conference-cooperation-proclamation-cooperation-as-zealous-advocacy/#comment-2015 The Cooperation Proclamation- The Sedona Conference « Learn About E-Discovery Wed, 04 Aug 2010 20:30:26 +0000 http://www.discoveryresources.org/?p=523#comment-2015 [...] Discovery Resources [...] [...] Discovery Resources [...]

]]> http://www.discoveryresources.org/library/case-law-and-rules/the-sedona-conference-cooperation-proclamation-cooperation-as-zealous-advocacy/#comment-532 LegalTech: Trends affecting contract attorneys … and oh yeah, India (again) - The Posse List Thu, 05 Feb 2009 19:19:09 +0000 http://www.discoveryresources.org/?p=523#comment-532 [...] 3. There is now an emphasis on “meet-and-confer” where the parties determine what documents are material for the matter so that discovery is more “party-driven” as opposed to “court-driven”.   This is happening on civil litigations and is also happening with respect to investigations/reviews by the DOJ, FTC, SEC, etc.  The number of documents is reduced — no more massive document dumps on the adversary — and discovery costs are cut.  This requires preparation by counsel for the meet-and-confer who must go into the meeting with a knowledge of the holdings, and significant involvement from in-house counsel, who knows the corporation’s universe of documents better than external litigators.   Vendors emphasized that in searching the document database in e-discovery, effective search techniques must be used.  One cannot simply use key words as search terms, which can fail to find many responsive documents and also result in an overbroad return of documents that are not responsive.  Smart search techniques need to be employed and at least two iterations are required for an effective search.   Also a tiered or layered approach is recommended for discovery.  For example, three tiers could be 1) key custodians, 2) date and time, and 3) key words.   Every case is different so a standard checklist approach is discouraged.  Rather, sets of best practices are to be used.  There was constant reference to the principles and practices that resulted from the Sedona Conference Cooperation Proclamation (July 2008). [...] [...] 3. There is now an emphasis on “meet-and-confer” where the parties determine what documents are material for the matter so that discovery is more “party-driven” as opposed to “court-driven”.   This is happening on civil litigations and is also happening with respect to investigations/reviews by the DOJ, FTC, SEC, etc.  The number of documents is reduced — no more massive document dumps on the adversary — and discovery costs are cut.  This requires preparation by counsel for the meet-and-confer who must go into the meeting with a knowledge of the holdings, and significant involvement from in-house counsel, who knows the corporation’s universe of documents better than external litigators.   Vendors emphasized that in searching the document database in e-discovery, effective search techniques must be used.  One cannot simply use key words as search terms, which can fail to find many responsive documents and also result in an overbroad return of documents that are not responsive.  Smart search techniques need to be employed and at least two iterations are required for an effective search.   Also a tiered or layered approach is recommended for discovery.  For example, three tiers could be 1) key custodians, 2) date and time, and 3) key words.   Every case is different so a standard checklist approach is discouraged.  Rather, sets of best practices are to be used.  There was constant reference to the principles and practices that resulted from the Sedona Conference Cooperation Proclamation (July 2008). [...]

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