Human Learning: No the machines have not entirely kicked-us out and we humans still must make important decisions.

For years, many of us have attended various e-discovery conferences and meetings where we listen to countless hours of presentations and engage in discussions about TAR, computer assisted review, machine learning, e-discovery’s past and the future.  However, having recently returned from one such discussion, it struck me that little time is actually spent discussing how to bett...
Read More

The 3 Key Components to Success: People. Product. Process.

On CNBCs’ hit show The Profit, entrepreneur and small business guru Marcus Lemonis examines struggling businesses using his well-known People-Product-Process principles. I believe these same three factors can be analyzed to evaluate different models of managed review services within the e-discovery industry.  My experience with e-discovery managed review has run the full...
Read More

Law Firm Hires 11 Year Old Director of Marketing

A few nights ago, I had a discussion with my parents about our business model and the challenges we face explaining to potential clients how our discovery counsel law firm is different from a staffing agency that doesn’t provide legal advice. My 11 year old daughter Lindsey was sitting with us and chiming in from time to time -- mostly saying that we needed a TV commercial to a...
Read More

The CEDS Exam: Becoming a Certified E-Discovery Specialist

studying for the CEDS exam
Recently I sat for the Certified E-Discovery Specialist (CEDS) examination offered by the Association of Certified E-Discovery Specialists (ACEDS). For those not familiar with the organization, ACEDS is a BARBRI Professional Association that “is building a community of e-discovery specialists for the exchange of ideas, guidance, training and best practices.” Having attended m...
Read More

A Discovery Explainer for Non-Attorneys

So, what kind of lawyer are you? I get this question a lot, and I sometimes find it hard to give a quick answer. For lawyers or other professionals in my field, informing them that I am an eDiscovery Attorney usually provides enough information to allow them to slowly back away from me. For the uninitiated -- friends, family, and the few unfortunates who make the mistake of str...
Read More

Are Managed Review Vendors Allowed to Supervise Document Review Projects in Virginia?

I have written many posts analyzing and applying the D.C. Unauthorized Practice of Law opinions to various situations involving contract attorneys performing document review. In D.C., the rules are pretty clear that non-law firm managed review vendors cannot supervise the legal work of attorneys, but in other jurisdictions, the rules have not be laid out with as much specific...
Read More

Recent Feedback from a Client

We received the following testimonial from a client yesterday evening and I wanted to share it here. It's really the cherry on top of a job well done. I know our team always does a fantastic job on any document review, but it is gratifying when someone takes the time out of their day to comment on the caliber of the work performed. Our firm continues to succeed by having...
Read More

Why a Discovery Counsel Law Firm Provides the Best Model for Completing Discovery

Background Over the last twenty years, drastic changes have taken place in the way parties meet their discovery obligations.  Historically, broad discovery rules resulted in companies paying extraordinary fees to their trial firms for associate review of voluminous materials in response to subpoenas, litigation document requests, and other demands for information.  It was not ...
Read More

Predictive Coding Primer Part Two: Key Variables in a Predictive Coding Driven Review

As discussed in “Predictive Coding Primer Part One: Estimating Cost Savings,” the potential cost savings from predictive coding are substantial. If you are planning to implement the technology in your discovery plan, this article should be a useful primer on key points you’ll need to be aware of, variables at play, and their associated cost. (1)   Predictive Coding Technolog...
Read More

Predictive Coding Primer Part One: Estimating Cost Savings

Numerous published articles have explored how predictive coding technology is a powerful e-discovery tool that, if used properly, can save clients a considerable amount of time and expense in the electronic discovery process. The practical application of predictive coding is perhaps best illustrated in Ralph Losey’s Predictive Coding Narrative, where he thoughtfully walks the r...
Read More