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E-Discovery As Part Of a Winning Strategy For Every Firm

By Joyce Brafford

You have clients. They use email. They send text messages. They create documents. They take pictures. They make phone calls. They send messages on social apps. Imagine if one of your clients came to your office, and told you they were being sued. And all those personal and professional messaging systems were sources of potential evidence. How in the world would you avoid spoliation of evidence? How would you ensure you were gathering all the materials required by a request for discovery? How could you manage all the data you needed to sift through from the opposing party?

It’s a huge challenge. And as our clients create more data every day, there’s no excuse to be puzzled by e-Discovery. To that end, we’re asking Kelly Twigger of ESI Attorneys to tell How to Use e-Discovery and Win at a one-hour webinar on Nov. 29. To help us prepare for the program, Kelly is sharing answers to three essential questions anyone who needs to know more about e-Discovery should ask.

Kelly Twigger

1. Why does every lawyer need to understand e-Discovery?

Put simply, all of the evidence your clients need to prove their cases is electronic. The difference between paper and ESI (electronically stored information) is that clients used to be able to tell what was important and hand it to their attorney. They usually kept it all together or were able to find it easily. Now they can’t always find it all in all the systems that we use to create, send and receive ESI, and it has become the attorney’s job to know the right questions to ask to find out where it’s located, how to search it and how to get at the data for use in a case. It’s a very new complex and ever-evolving discovery process that we are facing. You can’t do discovery without ESI anymore and how you approach e-Discovery can make or break your case.

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