With the growing importance of e-discovery, new tools and time-saving strategies are making the process smoother and more efficient for litigation support professionals, attorneys and their clients. “Today, e-discovery is playing a role in every type of case,” said Matthew E. Druckman, director, litigation support, Cherry, Bekaert & Holland, L.L.P. in Coral Gables. “Everything is out there someplace.”
From email and text messages to social media posts and financial records, more and more relevant documentation is stored in electronic format. In some cases, a discovery motion may need to include records from desktop and laptop systems, smartphones, tablets or archived material on disks, backup tapes, mirror drives or cloud service providers.
“Attorneys need to learn as much as they can about e-discovery from the technology side,” said Steven Berwick, partner, Kaufman Rossin & Co., P.A., Miami. “You don’t have to be a technology expert, but you need to understand how the process works so you can better advise your clients.”
Like other forensic analysts, Berwick recommends bringing in an e-discovery expert early in the case. “If you are an in-house counsel, you need to identify the potential documents that may need to be produced and ensure that a litigation hold is in place,” he said. “Once the subpoenas start going back and forth, you may need to outsource with a service that can identify the data, capture the information and preserve the documents.”
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Read: “What’s New With E-Discovery?,“ an article by South Florida Legal Guide.