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Discovery: The DISCO Blog

What New Attorneys Often Learn Too Late (Part 2): Thoroughness

Posted by Mike Wilson on Sep 29, 2016 8:11:00 AM


Few words in the English language require that many useless characters. Yet in order to write it correctly you have to go through every single letter -- even if it doesn’t make a sound or sense. Such is life as a litigator.

Part two in our three-part series is about the importance of being thorough and the ridiculous amount of self-discipline it requires to do the job correctly. An answer exists somewhere in the world, and your job, quite literally, is to find it. The trick is to become uncompromising in your pursuit of the answer. There are many places in the practice of law where thoroughness will pay dividends, particularly when finding evidence.

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Topics: ediscovery, Legal Industry, Technology, document review

Is Your Technology Proportional?

Posted by Trevor Jefferies on Jul 21, 2016 3:30:00 PM

My military background gave me a true appreciation for technology as a force multiplier. If my wingman and I use our two modern aircraft with superior targeting technology to demobilize ten enemy aircraft at once, we have provided the same impact as ten less capable aircraft — two modern aircraft become ten. Great litigation technology can also be a true force multiplier that allows legal teams to be more cost-effective and efficiently manage large amounts of potentially relevant data over the course of any given case. 

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Topics: ediscovery, Technology, proportionality

What New Attorneys Often Learn Too Late (Part 1)

Posted by Mike Wilson on May 13, 2016 4:00:00 PM

We all get into the law game for different reasons, but regardless of why we signed up, we want to be effective at what we do. Law schools don’t typically teach students how to practice or be effective counsel. Instead, those skills are learned on the job. This blog -- the first of a three-part series on what new attorneys often learn too late when starting out in the practice of law --  is about deadlines.

For months after law school I would periodically wake up in a cold sweat, heart pounding, thinking not only that I was late for class, but that I had missed most of the semester and was about to walk into an exam completely unprepared. This fit right in with the classic dream of showing up for class in underwear.

Shortly after taking the Texas bar -- the following weekend to be exact -- I started working in my first real commercial litigation job. (Some would say I literally just started working there without interviewing or being asked by anyone, but that’s another story for another time.) After being on the job for a few weeks, I started waking up in a cold sweat for reasons other than the fear of missing an exam. The stakes had been raised. Real people and real organizations were relying on my work and I would have to learn to live with the sinking perpetual feeling that I might miss a deadline.

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Topics: ediscovery, Legal Industry, Disco, Technology, legal technology, tips

Reports of human document review's death have been greatly exaggerated

Posted by Scott Upchurch on Feb 22, 2016 3:50:14 PM

Predictive Coding, or Technology Assisted Review (TAR), has been “the next big thing” in ediscovery for so long that it’s now making the jet pack industry jealous.  

Well, drop your vintage Popular Mechanics magazine because DISCO is entering this “tired” emerging TAR market in 2016, with a more formal announcement scheduled for later this quarter.

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Topics: ediscovery, Legal Industry, Technology, legal technology, discovery, technology assisted review, TAR, predictive coding

Ready for LegalTech?

Posted by Neil Etheridge on Jan 27, 2016 2:59:56 PM

LegalTech, the biggest and most important legal technology event of the year, is less than one week away.

This will be my thirteenth time at LegalTech, but my first with DISCO — and I honestly don't think I've ever been more excited.

LTNY16 is going to be BIG.
As always, there will be compelling educational sessions and keynotes, as well as plenty of opportunities to network and share best practices with like-minded folks. And, of course, the best place to get your hands on what’s new in legal technology is in the exhibitor hall.

But that’s only part of the reason for my excitement.

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Topics: ediscovery, Legal Industry, Technology, legal technology, discovery, LTNY16, LegalTech

How to Control Your eDiscovery Spend With Subscription-Based Software

Posted by Trevor Jefferies on Dec 10, 2015 9:20:00 AM

If you are like most attorneys facing pre-trial document discovery, you must decide on an ediscovery processing and hosting solution, both for your clients’ documents as well as for the oppositions’ production.  Typically, you will need to review your client’s documents prior to production, then review the opposition’s documents when produced to you.  You would even prefer a solution that you can apply not just for one case but for your entire docket of cases – big or small cases – or even for your entire firm.  

Many firms have an in-house ediscovery software solution for smaller cases, hosted on the firm’s IT servers.  This solution typically requires a dedicated IT infrastructure and support team for the software and security of the clients’ data.  For larger cases, attorneys often turn to a vendor for a hosted solution.  There, the attorney faces a complicated a la carte menu of vendor service fees and charges for each task performed by the vendor.  This pricing model makes it difficult to compare different vendors on an “apples-to-apples” basis, as no one vendor uses the same menu of tasks.  And because this pricing is task-based, it makes any estimate of the total ediscovery spend difficult to predict, because your ediscovery needs in the case may change substantially during the life of the litigation.  

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Topics: ediscovery, Legal Industry, Technology, discovery, discovery cost

Do You Really Want Your Judge Engaged in eDiscovery Before a Dispute? - Part 2

Posted by Kent Radford on Nov 19, 2015 7:10:00 AM

In Part 1 of this topic, I listed a number of steps parties can take to get increased judicial intervention in discovery issues and left open the question of whether those steps are actually desirable.  In this Part 2, I explain that my opinion is that lawyers should not be engaging in most of these behaviors. Instead, we should embrace technology and our professionalism.

Certainly discovery costs are an important factor for everyone to consider in litigation, but steps parties can take to increase judicial intervention in order to reduce costs generally seem to impose unjustified limits.  I believe that the new amendments to the Federal Rules (and most active litigators’ mindsets) are based on knowledge of and experience with antiquated and expensive ediscovery technology.  In essence, these amendments view limits on what people can do as a more effective approach than embracing ever improving technology.

Let’s take a more detailed look at the suggestions mentioned in my last post...

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Topics: ediscovery, Legal Industry, Federal Rule of Civil Procedure, Disco, Technology, discovery, Rule 16, Rule 26

Do You Really Want Your Judge Engaged in eDiscovery Before a Dispute? - Part 1

Posted by Kent Radford on Nov 10, 2015 10:23:38 AM

I was listening to a speech about the upcoming changes to the Federal Rules of Civil Procedure, and the speaker relayed some research suggesting that something like 87% of the federal judiciary are reactive instead of proactive when it comes to ediscovery; they do little to nothing until the parties bring a discovery dispute before them.  The idea was that increased judicial activity could help manage the cost and scope of discovery.  The speaker encouraged the audience to get judges more engaged in ediscovery early in the case, but he didn’t elaborate on how to follow his suggestion.  I think it is worthwhile to consider some ways to engage the judiciary before a discovery dispute arises, but more importantly, I think it is worthwhile to consider whether such engagement is a good idea.

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Topics: ediscovery, Legal Industry, Federal Rule of Civil Procedure, Disco, Technology, discovery, Rule 16, Rule 26

Discovery is "More Than Meets The Eye"

Posted by Neil Etheridge on Oct 30, 2015 10:57:00 AM


The discovery process is so much more than reviewing and tagging documents, assessing privilege, and creating productions. All too often, discovery tools ignore the many other steps and functions that lawyers and litigation support need to perform as part of discovery -- such as creating search logs, exhibit sets, and more. They forget, or just don't know, that better tools to perform these tasks are very much needed, too -- ideally within their discovery platforms.

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Topics: ediscovery, Legal Industry, eDiscovery Industry, Disco, Technology, discovery

Strengthening Our Legal DNA - Welcome Trevor Jefferies

Posted by Kent Radford on Oct 14, 2015 6:42:00 AM

CS Disco is pleased to announce the hiring of Trevor Jefferies away from his AmLaw 200 practice.  Trevor’s addition strengthens DISCO’s already-deep legal DNA. With extensive litigation knowledge and experience, Trevor joins DISCO from Arnold & Porter, where he was working on matters arising from a wide variety of cases in jurisdictions across North America and Europe, including commercial and patent litigation. While at Hogan Lovells, Trevor was a founding member of that firm’s Electronic Information Group, where he led the development of the firm’s internal ediscovery collaborative knowledge base and was a core member of the ediscovery compliance team.

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Topics: ediscovery, Legal Industry, eDiscovery Industry, Disco, Technology