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Today, all litigants, pro se or otherwise have a duty to request and disclose responsive electronic evidence in their cases. Whether your case is consumer debt litigation, foreclosure, or wrongful termination, discovery issues relating to electronically stored information (ESI) will have to be addressed.
When requesting ESI in discovery, the first step is to determine the specific, relevant case information you want from the responding side. Our E-Discovery Nuts and Bolts for Pro Se Litigants e-book, is a step-by-step guide on how to determine the specific, relevant case information, and guide you along the EDRM (Electronic Discovery Reference Model), the industry standard.
Pick up a copy of the E-Discovery Nuts and Bolts for Pro Se Litigants e-book at www.amazon.com.
For more information on e-discovery and how to apply the rules in relation to the preservation, discoverability, production, accessibility, and costs associated with ESI, which includes e-mail, word processing documents, spreadsheets, voice mail, databases, and more, contact A. Johnson & Associates, LLC at 888-502-0586, email me at email@example.com, or visit our website at www.ediscoverynow.net.
DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. We are E-Discovery Solutions Specialists. If legal advice is required, the assistance of a competent, qualified legal professional trained in electronic data discovery ("e-discovery") should be obtained.
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The first step in budgeting is to prepare an estimate based upon your best guesses and assumptions about the data to be collected. Remember, the opposing party will undoubtedly respond to your discovery requests as burdensome, not relevant, overbroad, inaccessible, and too costly. In anticipation of these objections, you will need to practice what is called "anticipatory e-discovery" to take the steam out of the objections from the opposing party.
Some factors to be considered should include:
Volume. Volume is almost always the largest driver of cost. Mortgage foreclosure issues surrounding Assignments of Mortgage will not encompass a lot of volume. Scope. It will be wise to start with the smallest possible scope and expand if necessary. Efficiency. Plan an E-Discovery strategy in advance that will allow for an efficient human review of the documents obtained. Timing. Time is of the essence. More time for E-Discovery activities will optimize efficiency and minimize mistakes and costs. Risk. Mitigating risk up front through agreement and cooperation with the opposing party will help define where you stand and eliminate potential risks in the future. Location. Location. Location. Where the data is located can affect costs so can the jurisdiction of the case. (Human review will be more accurate when doing small scale review)
For more information on e-discovery budgeting contact A. Johnson & Associates, LLC at 888-502-0586, or firstname.lastname@example.org.
DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.
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The Electronic Discovery Identification and Preservation Questionnaire is designed to help identify, preserve, and collect electronically stored information (ESI) for discovery. The questions contained therein may be best answered by the opposing party's IT personnel. It is highly recommended that a representative from the Litigation Support Team of the opposing party participate in discussions with the client's IT personnel.
The questionnaire will help you narrow the relevant time frame, inquire as to whether a formal Litigation Hold has been implemented, determine if there is a written records retention/destruction policy in place, as well as be informed as to whether any data destruction and auto-deletion policies have been suspended since the institution of litigation.
You will also obtain a description of the network infrastructure and organization of ESI, including, but not limited to file servers, email servers, application and web servers. Also, the most important part of the questionnaire is to find out who are the relevant custodians, their names and locations within or outside the company who may possess or control ESI or paper documents relevant to the litigation.
For more information on this topic, please contact A. Johnson & Associates, LLC at 888-502-0586 or email me at email@example.com.
DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. We are E-Discovery Project Management Consultants. If legal advice is required, the assistance of a competent qualified legal professional must be obtained.
Join me and my special guest Sheryll E Roberts on Monday, May 13, 2013 at 7PM CST. The topic for that night is "No Longer A Victim but A Vessel." AMEN We look forward to meeting you on the line at 7PM CST. You can click the link to listen or you may call into the show by dialing 718*508-9987. You can connect with the host Clara Peters via facebook, under her nam, Women of Divine Distinction Ministry, Women of Divine Distinction Purpose Advisor (Certified Life Coach) or Divine Diva Book Club page. GOD Bless You