The ABC’s of Fielding Data.

29 Monday Jun 2015

Posted by Celia C. Elwell, RP in Computer Forensics, Discovery, E-Discovery, Fielded Data, Legal Technology, Metadata, Native Format

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Ball in Your Court, Craig Ball, E-Discovery, Fielding Data, Metadata

The Virtues of Fielding, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2015/06/29/the-virtues-of-fielding/

I am a member of the typewriter generation. With pencil and ink, we stored information on paper and termed them ‘documents.’ Not surprisingly, members of my generation tend to think of stored information in terms of tangible and authoritative things we persist in calling ‘documents.’ But unlike use of the word ‘folder’ to describe a data directory (despite the absence any folded thing) or the quaint shutter click made by camera phones (despite the absence of shutters), couching requests for information in discovery as demands for documents is not harmless skeuomorphism. The outmoded thinking that electronically stored information items are just electronic paper documents makes e-discovery more difficult and costly. It’s a mindset that hampers legal professionals as they strive toward competence in e-discovery.

Does clinging to the notion of ‘document’ really hold us back? . . .

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How Many Types of Metadata Can You Name?

27 Saturday Jun 2015

Posted by Celia C. Elwell, RP in Diligence, Legal Ethics, Legal Technology, Metadata, Technology

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Bow Tie Law Blog, Joshua Gilliland, Legal Technology, Metadata

Production of System Metadata, by Joshua Gilliland, Bow Tie Law Blog

https://bowtielaw.wordpress.com/2015/06/27/production-of-system-metadata/

Have you ever been bit because you ignored metadata? Hands?

The legal profession is embracing technology to the point where it is considered a lawyer’s duty to know it, understand it, and use it. Paralegals and other legal staff, I am talking to you too.

Do you know what metadata is or how many types there are? This post is a good illustration of why all types of metadata should be on your radar. -CCE

A New York state judge confronted the issue of producing system metadata in a medical malpractice case where the plaintiff had to have a foot amputated due to post surgical complications. Vargas v Lee (Sup.Ct.) 2015 NY Slip Op 31048(U), ¶¶ 3-5. The case is direct and thoughtful on the issue of system metadata. . . .

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Craig Ball’s E-Discovery Tips For Judges.

18 Saturday Oct 2014

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Requests for Production

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Ball in Your Court, Craig Ball, Discovery, E-Discovery, ESI, Judges, Metadata, Requests for Production

10 E-Discovery Tips for Judges, by Craig Ball, Ball In Your Court Blog

http://ballinyourcourt.wordpress.com/2013/08/09/1370/

I speak with a lot of judges about e-discovery and digital evidence. I’ve taught at Federal Judicial Center programs from coast-to-coast and addressed confabs of judges in various states. Some of these presentations have turned into annual pilgrimages. Have PowerPoint. Will travel.

It’s a privilege to address judges because, among their own, judges are more cordial, relaxed and candid than in their courtrooms. But, it’s also a responsibility and a challenge. In the state systems, I can often be a judge’s first exposure to e-discovery.

Lawyers want the quick course in e-discovery. They expect to glean ESI skills in minutes, before they glaze over with the talk of metadata and forms of production. Lawyers seek the canned checklist or scripted list of questions, and little care if they understand what the check boxes mean or what the follow up question should be.

It drives me bonkers. . . .

Don’t Offer An E-Database If You Can’t Afford It.

14 Wednesday May 2014

Posted by Celia C. Elwell, RP in Appellate Law, Criminal Law, Databases, Discovery, Document Review, E-Discovery, Metadata, Preservation, Requests for Production

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Concordance, Database, E-Discovery, K&L Gates, Metadata

Despite Alleged Budget Constraints, Government Ordered to Continue to Pay for Database to Avoid Prejudice to Criminal Defendants, Electronic Discovery Law, published by K&L Gates

http://tinyurl.com/led86em

In this criminal case, the Government was ordered to continue to maintain a Relativity Database (the ‘Database’) utilized by the parties to review documents produced by the Government and to continue to provide Defendants with the access and support that the parties had previously negotiated, despite the depletion of funding for the Database which was accelerated by the Government’s voluntary actions. . . .

Teaching Metadata and ABA Metadata Ethics Opinion Chart.

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Legal Ethics, Legal Technology, Metadata, Research

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ABA, Ethics Opinions, Legal Research, Metadata, RIPS Law Librarian Blog, Shawn Friend

Teaching Metadata As Part Of Legal Research, by Shawn Friend, RIPS Law Librarian Blog

http://tinyurl.com/kgbsmb8

Please note the ABA Chart in the quote below. If you have trouble with the link, try: http://tinyurl.com/4fld5lt. The chart is definitely worth a bookmark. -CCE

This issue has been around for some time. The ABA has formal ethics opinions on the release of and use of metadata. There is a compiled chart of action taken on metadata by the state bars or ethics commissions.