Many of my colleagues and acquaintances have asked for my best practices when it comes to forcing the other side into a swift settlement due to prohibitive “electronic discovery” costs. As any attorney worth his salt will know, burying the other side in documents is crucial to vigorous representation.
To that end, I have provided for your reference the O’Magawd firm’s model stipulated electronic discovery order for federal practice. Our attorneys are diligent in asking the court to enter it at the first hint the other side might have a crap ton of documents to exploit. It is an essential tool that should be in every litigator’s tool belt.
Continue reading “O’Magawd’s Model Stipulated Electronic Discovery Order”
As some of you may already know, attorney Dan Botchman was terminated from the Omagawd firm, with cause, for his role in a major client data breach. While that hiccup did land yours truly on the front page of a prestigious national publication — my Times interview last week, thank you very much, was our first major press hit since the World Telegram profile highlighting the firm’s pro bono work in the Second Red Scare — it also landed Marsha, Roger and I in some unexpected hot water with the client, the vendor Dan had chosen, and several trial judges in New York, northern New Jersey and District Court of Guam. All over a little bit of misplaced discovery. Who knew!
Continue reading “Regarding Dan Botchman”
You may have heard that Logikcull, the eDiscovery & Data Management solution, is urging attorneys to “practice safe sharing” following a host of eDiscovery data breaches. Specifically, Logikcull argues that:
Continue reading “Don’t Listen to Logikcull”
These days, there’s a lot of talk about the legal community needing to innovate, to modernize legal practice for a new technological age. You can barely open an issue of “Litigation Aficionado” magazine without reading coverage on how technology will change the law. The articles are right, of course. But lawyers change slowly, and there’s nothing wrong with that.
Continue reading “Taking Pride in Doing Things the Old Fashioned Way”
Whether you’re practicing in the wide open prairies of eastern Kansas or in a cramped office in Midtown Manhattan, there are only so many file cabinets a law office can hold. Sooner or later, those cabinets will overflow, your banker boxes will burst, your accordion folders will explode.
That means it’s time to unload some old client records.
Continue reading “5 Reliable Shredders for Safe Client Record Disposal”
Today we wrapped up the first phase of a major document production and boy was it a treat! Instead of leaving the final stages of production up to the summer interns, this time I decided to oversee the process all the way to completion. That meant popping the CD-ROMs into my tangerine iMac and burning the docs to disc myself. Man, it took me back!
The nostalgia alone was enough to forego all those billable hours while waiting for the CDs.
As the CD-R was humming, I had plenty of time to think about why we’re doing E-Discovery productions the way we are. Particularly, why do we use the CD labels we use?
Continue reading “Top 3 Tricks for Designing an Impressive CD Label”
Today’s “electronic discovery,” or E-Discovery, can involve millions of pages. And while there are tools that let you review ESI on your own computer, some attorneys prefer to use paper. We totally understand.
But that raises the question of “what’s the best way to get that ESI in print?”
Continue reading “The Best Printers for Your Next Discovery Production”
When it comes to redacting privileged information during discovery, there are two types of lawyers: those who love a whiff of white out and those who stick to Sharpies. Personally, we’re big white out fans here.
White out not only smells more pleasant, it’s less likely to smear across your fingers and wrists later. There’s nothing worse than showing up for a conference looking like a 1920’s news boy. Plus, white out is a liquid, allowing you to literally feel the stains as you make them on yourself, whereas Sharpie stains can go unnoticed for days.
But that’s only half the reason we love white out.
Continue reading “The Redaction Debate: Are You Team White Out or Team Sharpie?”
Here at O’Magawd, we’re all for email. We’re Tekno attorneys, after all! But sometimes, when you’ve got client communication that could use a little extra gravitas, calling out “You’ve Got Mail!” just won’t do.
Enter the fax machine, the trusty stalwart of any modern office. But which fax should you use?
Continue reading “What’s the Best Fax Machine for Client Communications?”