E-Discovery E-Speak

Law Technology News has published their January 2008 EDD Showcase. There are several great articles as always and I’ll do a separate post for each one that I want to comment upon.

e-speakFirst up, e-discovery sage and scholar Michael Arkfeld writes about the confusion of communication involved in e-discovery. This confusion manifests itself most notably in the "meet & confer" sessions when lawyers try to understand the technical terms necessary for a successful meeting.

What I like most about Michael’s piece is that he gives a PRACTICAL and REALISTIC example of this confusion by looking over the shoulder of an attorney trying to decide if a TIFF production is the best format to request from the producing party. Where does the attorney start their research? Google of course.

Of course, the ultimate answer is that the proper production format will depend upon the answers that the requesting party provides for questions such as "will you process electronic documents in-house?" "how much metadata will you need to preserve?" and "what software/online tool will you use to review the information?"

Michael’s solution is a "wiki" that he will be offering on his Website to provide a "glossary of e-discovery exchange terms." He has found that the confusion out there is not resolved with the existing resources from places like EDRM and The Sedona Conference. Keep watching Michael’s site for updated information.

On a related side note, Michael will soon be offering a Vendor Directory from his site. I will be interested to see how Michael’s listing will differ from the one that George Socha offers over on the Socha Consulting Website.

Link to Michael’s article. (Requires free registration to www.lawtechnews.com). 

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