How eDiscovery Services Can Help A Solo Practitioner or Small Firm

by Terry April 14, 2023

How eDiscovery Services Can Help A Solo Practitioner or Small Firm

In this eDiscovery age, more and more important evidence is digital. Even small law firms may find themselves in need of information that is electronically stored. Electronically stored information, or ESI, encompasses many different types of documents. They may include emails, presentations, databases, voicemail, audio and video files, social media, or whole web sites.

When the discovery phase of any legal matter becomes e-discovery, small firms and solo practitioners can find themselves overwhelmed. The requirement to meet the requirements of the Federal Rules of Civil Procedure (FRCP), Federal Rules of Evidence (FRE), and state and international laws can be overwhelming in the least!

Either way you do decide to go, remember that you will need all the time possible to process the data. Data processing timelines depend upon many factors. The size of the data is a major determiner of how long the process could take.

Should Small Firms Attempt E-Discovery In-House?

As an attorney, it is wise to learn the basics, even if your cases are seldom dependent on it. When it comes time to request electronic data, you can get what you need in two ways: invest in an in-house solution or outsource the process.

Acquiring in-house capability can be a cost-effective approach if you have the capacity in staff, time, and dollars to devote to it. Collecting date for e-discovery can be complex and confusing. Because the amount of data can be overwhelming, it is important to know how to harvest just what you need. The court seldom requires that you copy a whole hard drive, but just wants to verify that a “forensically sound” method of collecting data is used, so that the files have not been altered or deleted in any way. Those inexperienced with e-data collection tend to over-collect, which increases costs.

Modern software allows a savvy user to effectively collect needed data for a case without just copying hard drives. While this can save time and money, it is important to gather all that is needed as evidence without altering, destroying, overlooking, or collecting it too slowly and as a result, facing court fines. The learning curve can cost you.

Why Outsource Your E-Discovery

Many small law firms circumvent these problems by outsourcing e-discovery to Houston-based The Document Group. With years of experience with cases of all sizes, the company knows how to gather just the right data to support your case. Prior to beginning the process for your case, we can estimate the cost of retrieval so that you know your budget outlay. The work will be done right, and at a reasonable cost.

Our Disco software will extract relevant information from all digital files including databases, word processing files, spreadsheets, email, instant messaging logs, and website visits. We go beyond the scene to examine web browsing activity, demonstrate evidence of tampering with electronic files and/or file deletion, reveal the content of temporary files, obtain data fragments, identify metadata, unlock/search password protected files, and establish data usage histories.

Database Hosting

If you are interested in using our cloud software to store and maintain e-discovery materials, especially large files, just let us know in our quote form. TDG offers hosted document review utilizing CS Disco that allows you to login from anywhere. This can be an asset for a large case where you may need to review a file on the fly, or the beach.

When you need e-discovery, The Document Group can save you time and money. For more information, contact us at (888)316-4670 for a free quote.

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eDiscovery

Metadata – What is it and why should you care

by Terry April 7, 2021

Metadata – What is it and why should you care

Many people have no idea what metadata is, why it matters, or what is can do in the real world. In it’s simplest form, metadata is the information about a computer file. Now, it is not the content of the file, say your recipe list in a Word document.

Metadata is the information you cannot see. The hidden information that most people did not even know exists. This information can send you to jail, or keep you out of jail. This information is part of every single electronic file created on a computer. Every single file has metadata.

Metadata is captured at the time the file is created. Things like the username who created the file, the time or date the file was created, or if the file has been printed. All of this and much, much more is a part of every file that is created.

Being involved with the legal industry has allowed me to see, close up, the effect metadata can have in a legal case. Legal teams can use metadata to establish a timeline of facts. Being able to accurately determine when an email was sent may be the smoking gun that destroys an alibi or establishes one in a criminal matter. In civil cases, metadata is just as important for many reasons. The ability to search and find data quickly and efficiently has been the biggest boon to attorneys in my opinion. Imagine having to still go through boxes of paper with no definitive knowledge of when it was created.

Types of Metadata

Descriptive – these include title, subject, genre, author, and creation date, for example.
Structural – shows how information is put together (page order to chapters, for example).
Administrative – showing such information as when and how the resource was created. Two types of administrative metadata are those that deal with intellectual property rights and preservation metadata.
Statistical – also called process data, this may describe processes that collect, process, or produce statistical data.

Never trust a computer you can’t throw out a window.
Steve Wozniak

The Bad News

Now comes the bad news. Metadata can be edited or even removed from a file with a metadata scrubber. While most users are not aware of this capability, many IT professionals are well aware that this exists. If you have ever watched CSI on TV you may have seen someone ask “if the timestamp has been altered” on a video or picture. This is an example of metadata at work. Time stamps are notoriously bad for being able to be changed.

When an attorney wants to use time-stamp metadata in court, they will want to ensure that the police seized the original digital camera that took the pictures. They can then argue the pictures on the camera haven’t been modified if the internal clocks match the pictures. They can also show that the clock inside the camera wasn’t set incorrectly. He can also try to corroborate the time stamps with the images themselves by using an object in the image itself like a watch or clock on a wall.

Data Processing, eDiscovery

Wearable Devices Pose New Challenges For eDiscovery

by Terry April 7, 2021

Wearable Devices Pose New Challenges For eDiscovery

The rising popularity of wearable devices with internet access has changed the way people access that information. The processing of eDiscovery is no exception to this impact. According to Futuresource Consulting, a market analysis firm, 12.4 million wearable devices were shipped in Q3 of 2014, which is an increase of 40% from Q3 2013. This means that a new wave of smart watches, fitness bands, Google glasses, chip implants, smart devices, and more have emerged that eDiscovery services can now use to possibly collect information. With so many devices now accessing the internet, legal professionals and eDiscovery companies may now face new barriers to collecting data relevant to the litigation process.

Barriers To eDiscovery

Collecting and protecting information for legal purposes is already a challenge, especially in large companies where it’s difficult to get employees to keep and share relevant information through the correct channels (e.g, using company email instead of private email). Wearable tech makes it so that it’s possible to record a person’s entire day, and courts are likely to deem this information discoverable.

However, matters become more complicated when you add syncing and cloud storage. If, for example, there is any discrepancy between files on a wearable device and the smartphone it’s synced to, it may indicate spoliation. Litigating lawyers must be savvy to these technical details when dealing with ESI collection.

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In addition, the rapid advancement of internet technology has outpaced laws that haven’t kept up with these advancements. Legal issues such as the ownership and security of this information are considerations that must be dealt with. Michele C.S Lange, director of Kroll Ontrack, said in an interview with Inside Counsel that the eDiscovery process is always trying to catch up with new technology developments. “For example,” she said, “eDiscovery professionals are just now working to develop collection protocols for data contained in social media platforms like SnapChat.” When eDiscovery services finally catch up to devices from the IoT (Internet of Things), some issues to consider will include:

– Who is in control of the device?
– What format is the data being generated in?
– How can eDiscovery companies cost effectively gather and review data from these devices?

Solutions To eDiscovery In The Internet Of Things

In the Inside Counsel interview, Lange suggests that a “bring your own device” policy is essential for companies. She says, “What if an employee who is driving a company vehicle, and is wearing Google Glasses, causes a car accident? How should companies guarantee their intellectual property and trade secrets are safe when an employee can record everything he looks at through smartglasses? The potential implications of the proliferation of wearable technologies expand to every segment of litigation.”

Ms. Lange also emphasizes that putting in place an effective legal hold is critical to accurate and comprehensive collection. It’s also essential to make employees aware of the implications of gathering and storing data like videos, pictures, and documents on wearable devices. As time goes on, the legal system will adapt to the changes in the internet atmosphere, and eDiscovery services will also put more concrete guidelines in place.

To learn more about eDiscovery services from The Document Group in Houston, Texas, contact us at (888)316-4670 or reach out through our quote form!

eDiscovery

The New Age of Electronic Discovery

by Terry April 7, 2021

The New Age of Electronic Discovery

Electronic Discovery News – Court cases are won and lost based on evidence, but the nature of evidence has changed in the electronic age. Evidence is no longer confined to paper documents. It now includes a broad spectrum of electronic materials. Emails, voicemail, instant message chats, website visits, scanned documents, word-processor documents and spreadsheets, databases, audio, videos, photos, and social media posts now count as evidence.

The U.S. Supreme Court acknowledged the role of electronic material in court cases in a 2006 ruling that changed the Federal Rules of Civil Procedure. As soon as an action is filed, attorneys must begin to compile relevant electronic evidence. Legal holds are now the tune of the day. This can present it’s own set of problems though. Remember, criminals do not always follow the law concerning document preservation.

Modern Electronic Discovery Services

Litigation support, which used to mean amassing and preparing copies of physical documents and preparing trial graphics, now encompasses electronic discovery, or eDiscovery, which refers to locating electronically stored information (ESI). The need for harvesting and maintaining ESI has expanded the role of firms who provide eDiscovery services. Detecting electronic evidence, protecting it from illegal deletion or destruction, and analyzing it is a full-time job that attorneys, legal services, and corporations turn over to litigation specialists.

Handling this type of evidence is tricky. Even paperwork can be lost, but ESI poses special risks for spoliation, which means destroying, altering, hiding, or withholding of data needed in the case. Data can be maliciously tampered with or destroyed accidentally in the normal housekeeping processes performed by a company’s IT department. To preserve the integrity of the files, the attorney and a competent eDiscovery firm should quickly formulate and activate a plan for managing materials.

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Developing An Litigation Support Plan

The plan should encompass six areas:

Investigation: Using mapping techniques to identify who created the data and for what purpose, the investigative process identifies data that is relevant to the case.
Preservation: Material considered relevant is placed in a legal hold to prevent destruction.
Collection: Protected files are transferred to legal counsel to determine the next step.
Processing: Files in their “native format,” or the original program used to create it, is loaded into a data review platform, where it is reviewed and prepared for the extraction of text and metadata — technical information about the file’s creation date, how it was created, authorship, network location, and more.
Review: Documents are examined to narrow down what is relevant, based on criteria such as data range, authorship, creation date, etc.
Production: Once reviewed, documents that meet agreed-upon criteria are given to opposing counsel with the metadata in either their native format or a “petrified format” such as a PDF or TIFF.

Finding The Right eDiscovery Support

A good litigation support company such as The Document Group of Houston has the software, the experienced technical experts, and the experience to progress through the necessary steps of data management. By using the services of a savvy eDiscovery company, a law firm can obtain the high-quality materials necessary to investigate evidence, withstand challenges, and win cases at a reasonable price.

In addition to data recovery and processing, The Document Group can also provide litigation copying, scanning, and graphics needed to round out a presentation. For more information about how we can help with electronic discovery and other litigation support services, contact us today for a consultation or a quote.

CS Disco, eDiscovery, Hosting

How To Determine Whether To Outsource eDiscovery Or Keep It In-House

by Terry April 7, 2021

How To Determine Whether To Outsource eDiscovery Or Keep It In-House

When conducting eDiscovery for a case, you can easily become inundated with material. More and more companies are transitioning to a paperless business model across the board. The process of sifting through electronic evidence, such as corporate emails, databases, digital files, web history, and other digital assets to find relevant information can be arduous. Who wants to do that? However, you may not have a choice overall.

Weighing your options – and your resources – will definitely help you decide between keeping the job in-house or outsourcing to a litigation support company, like The Document Group. We are always happy to assist our clients with the decision if asked. We understand that this may impact your bottom line for a long time. We will always look for the most value for your dollar. That is why we offer CS Disco as our main platform for cloud document review.

New Technology Makes In-House eDiscovery More Feasible Than Ever

As companies convert to a paperless workplace, it becomes increasingly necessary for them to retrieve their digital information easily. In many cases, the right software solution makes in-house eDiscovery efforts possible, as companies are able to process data, searching for relevant information and categorizing it for review.

There are a number of answers that a company must attain to help them decide if processing their eDiscovery in-house is their best solution:

– They must first determine the data sources for a case, as well as where they are housed.
– It’s important to match the best tool to company assets, and ensure that the technology will both integrate with the host system and meet its security requirements.
– It is also vital to have a process owner, who understands the process and can explain it to stakeholders.
– Lastly, determining the priority of the data sources to be mined allows you to focus your efforts.

Save Time And Money

Once the technology, process, and ownership are in place, you are able to work through the eDiscovery phase as quickly possible. Since you are not relying on third party resources, you can begin the process without delay.

In addition to expediting the process, your firm does not have to pay to house eDiscovery data. Maintaining your data on external servers can become expensive, and many companies have found that bringing eDiscovery in-house can save them some money – particularly in large, drawn out lawsuits.

Despite Technological Advances, Some Projects Are Best Outsourced

Often, eDiscovery requirements surpass the ability of an in-house IT group to process. When the in-house solution isn’t up to the task, it is time to bring in an outside agency to perform the work. The Document Group is an expert in eDiscovery. Utilizing a specialized software solution called Disco, we can offer you a speedy, cost effective solution to complex data discovery with customized reporting that is most relevant to your litigation case.

If you have determined that using in-house eDiscovery is not the best solution for your company, and that you want an experienced team investigating your data, contact The Document Group. We will review your specific needs and show you how we can help. If you would like more information, contact us or call our offices at 888-316-4670 to talk to a member of our team.

Find Out How eDiscovery Can Help

With The Document Group's eDiscovery services, you can be assured that over 20 years of experience is on YOUR case.

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CS Disco, eDiscovery, Hosting

The Document Group And Disco: A Winning Partnership For eDiscovery

by Terry April 7, 2021

In the legal field, finding evidence is the name of the game. Between the paper documents, photos, and any electronic materials that offer valuable insights into the case, a team of lawyers could fill a warehouse when preparing a major case. To minimize the large volume of paper that goes along with preparing for trial or settlement, attorneys have long sought a software solution that made them less reliant on paper. In 2012, Kiwi Camara, an attorney at Camara & Sibley LLP in Houston, Texas, developed Disco, an eDiscovery software that promises attorneys what Camara calls a “good, fast, cheap” solution to paper overload.

The Disco Difference

As Camara said, Disco “takes millions upon millions of emails and documents and makes it really easy to search for and categorize them. This turns a giant mass of data into evidence that wins cases.” With Disco, documents are stored in the cloud for up to three years, which alleviates the need to print the majority of files that the lawyer examines.

Using the same syntax as Westlaw, which many lawyers use for research, Disco is easier to use than competitive products and is faster and cheaper as well. Although when purchased from Disco, the software has a flat fee of $50,000 per case, similar software can run between $350,000 and $750,000. However, the software is also made available through select partners who offer other services of interest to lawyers who want to streamline case preparation.

The Document Group Partners With Disco

For many years, The Document Group of Texas has offered a variety of litigation support services to the legal community, such as litigation copying, legal document scanning, on-site printing, trial graphics and services, records retrieval, and database hosting. Partnering with Disco was a logical step for the Document Group, as this e-discovery software offered lawyers an excellent way to search for, organize and display legal documents for cases online.

We will work with you to develop a plan to help you get the type of data that you need to win your case. Using efficient Disco software, we will examine not just documents, but also databases, emails, website visitation data, voicemails, password-protected materials and other potential sources of information such as metadata, data fragments, web browsing patterns, data usage histories, and other clues that can help you.

Once we collect the data, we will use the software to analyze and organize it for you. Based on the budget you have, we can provide a comprehensive package of investigative, printing, copying, and scanning services within the financial limits you have set. Our knowledgeable staff will use the software and package the findings in a useful format for your case.

Comprehensive Litigation Support Services

Because you will need the full package of services that we offer, you can trim unnecessary costs from your discovery process. Working with multiple vendors or having your own staff to take care of the basics such as scanning and copying can be more costly than outsourcing these steps on some cases. We price for eDiscovery based on the amount of data you will use to help keep your discovery cost reasonable.

If you’re ready to apply innovative technology to the discovery process, contact The Document Group today. We’ll tell you how Disco and our other services from The Document Group can work for you and even provide a free quote. For more information, just contact us today or give us a call at 888-316-4670.