Contents of the Best Practices

The latest release includes substantial new material regarding electronic discovery, plus full coverage of the impact of the new Rules of Civil Procedure.

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60% more content

Bigger and better

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.

Table of contents

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

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