This article discusses early case assessment and fixed cost eDiscovery as related to legal risk management. 
United States of America (Press Release) April 2, 2008 --
Early case assessment and fixed cost eDiscovery are two areas in legal risk management that require specific attention. Fixed cost eDiscovery is designed to address the financial risk associated with large legal cases. For additional information on eDiscovery go to www.estorian.com. The outcome of fixed cost eDiscovery is reduced exposure to the cost and time spent reviewing and analyzing the data after a legal case is underway. Early case assessment is a process that can reduce legal risk exposure by offering a necessary view into the case information, i.e. custodians, context, third-parties, etc. The latter is a legal risk competitive advantage; the former is simply cost containment.
Early case assessment is done by an organization to manage the organizations legal risk exposure. Early case assessment (ECA) can be considered the artillery in the armory that legal counsel takes to their meet-confer meetings. ECA includes information about custodians, context and concepts and will help legal counsel manage the outcome of the meet-and-confer meetings. However, it is not supposed to be this way.
According to The Honorable Judge Peter Flynn of the Circuit Court of Cook County, Chancery Division, Illinois, Meet-and-confer meeting's are supposed to be about putting your IT cards on the table, what one can and cannot do with respect to data, data types, collections, preservations, data transformations, etc. Judge Flynn responded to a question related to guarded sharing of IT capability during meet-and-confer meetings during last weeks live Panel Discussion on Document Review Acceleration, hosted by Epiq Systems. He responded saying it was "Flat dead wrong, sanctionable." According to Judge Flynn, guarding IT and ECA information during meet-and-confers is probably illegal. His response and the participant question make it clear that 'the guarding of information is a competitive advantage in the world of legal wrangling.'
The competitive advantage presents itself because the legal process is full of gray areas. We know, through our interview series, that legal counsel will expand the scope of any information based activity. Understanding ones capabilities, custodians and case information ahead of a meet-and-confer meeting can mean the difference between 10 terabytes of information and 10 gigabytes of information, or roughly 600 million individual pages versus 600,000 individual pages. Legal counsel can use the fore knowledge gained through early case assessment to steer the meet-and-confer meeting to their advantage, as opposed to sharing their complete capability.
Go to http://www.estorian.com/blog.php to view full article.
Early case assessment is done by an organization to manage the organizations legal risk exposure. Early case assessment (ECA) can be considered the artillery in the armory that legal counsel takes to their meet-confer meetings. ECA includes information about custodians, context and concepts and will help legal counsel manage the outcome of the meet-and-confer meetings. However, it is not supposed to be this way.
According to The Honorable Judge Peter Flynn of the Circuit Court of Cook County, Chancery Division, Illinois, Meet-and-confer meeting's are supposed to be about putting your IT cards on the table, what one can and cannot do with respect to data, data types, collections, preservations, data transformations, etc. Judge Flynn responded to a question related to guarded sharing of IT capability during meet-and-confer meetings during last weeks live Panel Discussion on Document Review Acceleration, hosted by Epiq Systems. He responded saying it was "Flat dead wrong, sanctionable." According to Judge Flynn, guarding IT and ECA information during meet-and-confers is probably illegal. His response and the participant question make it clear that 'the guarding of information is a competitive advantage in the world of legal wrangling.'
The competitive advantage presents itself because the legal process is full of gray areas. We know, through our interview series, that legal counsel will expand the scope of any information based activity. Understanding ones capabilities, custodians and case information ahead of a meet-and-confer meeting can mean the difference between 10 terabytes of information and 10 gigabytes of information, or roughly 600 million individual pages versus 600,000 individual pages. Legal counsel can use the fore knowledge gained through early case assessment to steer the meet-and-confer meeting to their advantage, as opposed to sharing their complete capability.
Go to http://www.estorian.com/blog.php to view full article.
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