
The content of the Best Practices has increased considerably since the last release, especially in the area of electronic discovery. There are 60% more pages in this edition.
Perhaps most importantly, this release of the Best Practices has been updated to take into account the impact of the new Rules of Civil Procedure on the processes you'll need to follow.
Here's a full list of the content covered by this new version of the product. To illustrate how much we've added, all the new topics are shown in blue.
If you'd like a PDF version of the contents, download our release 3 pamphlet.
Overview
Description and Goals of the Best Practices
Creating a Case Book
Using Internal Law Firm Resources
Overview
Services
Staff Resources
Technical Resources
Facility Resources
Planning
Overview
A Case-Planning Meeting
A Step-by-Step Approach
Planning Specific Tasks
Understanding Electronic Discovery
Overview
What is Electronic Discovery?
What are the Differences between an Electronic Collection and a Paper Collection?
Understanding Data Types
Computer Applications and File Types
Where might Responsive Data Reside?
Being Prepared for Electronic Discovery
Overview
Learn the Basics
Know the Rules
Advise Your Clients
--- Computer-use Policy
--- Document Retention
--- Litigation Hold
--- 30(b)(6) Deposition
Establish Good working Relationships
Learn about your Client’s Technology
Identify Approved Vendors
A Litigation Preparedness Kit
Electronic Discovery First Steps
Overview
Preparation
Create an Electronic Discovery Team
Meet with Client and Prepare an Electronic Discovery Plan
Implement Litigation Hold
Meet with Opposing Counsel
Discovery Requests
Collecting Responsive Documents: Paper
Overview
Developing Responsive Criteria
Mapping Out the Document Collection
Assemble a Team to do the Work
Train the Team
Preparation
A Document-by-Document Review
A File-by-File Review
Accuracy and Consistency
Use the Team’s Knowledge
Preparing for copying
Reproducing the Documents
Refiling the Originals
Collecting Electronic Discovery
Overview
Prepare a Data Gathering Plan
Select Media
Copying Data
Prepare and Transport Media
Chain of Custody
Processing Electronic Discovery
Overview
Determine Goals of Processing Data
Prepare a Processing Plan
Processing Data
Reviewing Electronic Discovery
Overview
Establish Objectives
Draft Criteria
Choose the Form for Review
Choose the Online Review Tool
Prepare a Review Plan
Assemble the Team
Train the Team
Review the Documents
Accuracy and Consistency
Use the Team’s Knowledge
Numbering the Collection
Overview
General Guidelines
Numbering Electronically
Numbering Manually
Document Source Information
Overview
Creating a Source Log
Screening for Privilege
Overview
Developing Screening Criteria
Assemble a Team
Train the Team
Screening Electronic Documents
Screening Number Paper
Screening Unnumbered Paper
Screening for Confidentiality
Overview
Developing Screening Criteria
Assemble a Team
Train the Team
Screening Electronic Documents
Screening Paper
Planning a Database
Overview
When does a Database Make Sense?
Determining What to Include
Determining how the Documents will be Coded
Screening for Coding
Overview
Developing Screening Criteria
Assemble the Team
Train the Team
Project Preparation
Screening Paper
Screening Electronic Documents
Create an Index
Ensuring Accuracy and Consistency
Designing a Database
Overview
Database Fields
Minimizing the Chance of Discoverability
Applying Levels of Treatment
Handling Duplicate Documents
Coding Related Documents
Coding Large Documents
Coding Sequential, Similar Documents
Including Full Text in the Database
Subjective Analysis of the Documents
Coding Multiple Documents on a Page
Incorporating Documents from an Electronic Discovery Collection
Building a Database
Overview
Attorney Involvement
A Two-Step Approach
Project Management
Importing Electronic Discovery
Images and Scanning
Preparing Paper Documents for Coding
An Effective Coding Manual
Training a Coding Staff
Determining Document Boundaries
Consistency in Coding
Data Entry Validation
Quality Control
Special Coding Rules
Selecting and Working with Vendors
Overview
Vendor Services
US vs Offshore Vendors
Select Approved Vendors
What to Look for
Conflict of Interest
Drafting an RFP/RFI
--- Applies to all RFPs
--- Scanning
--- Indexing
--- Electronic Discovery
Checking Vendor References
Monitoring Vendors and Preventing Problems
Handling Privileged Documents
Overview
Building a Database of Privileged Documents
Generating a Privilege Log
Documents Covered by a Protective Order
Overview
Your Client’s Documents
Documents that are Produced to You
Redacting Documents
Overview
Developing Redacting Criteria
Using a Database to Redact
Redacting Images that have not been Indexed
Redacting Paper
Producing Paper Documents
Overview
Establish the Rules
Preparing for a Review by Opposing Counsel
Procedures for the Review by Opposing Counsel
Document Delivery
Keeping Records
Producing Electronic Discovery
Overview
Create Production Set
Copy to Media and Maintain Records
Depositions
Overview
Planning
Creating a Witness File
Building a Database of Transcripts
Adding Value to the Deposition Database
Working with Exhibits
Overview
Updating the Database with Exhibit Information
Coding Documents Already Marked as Exhibits
Building a Database of Pleadings
Overview
Building a Database
Case Correspondence
Overview
Building a Database