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Electronic Discovery
by Tom Mighell
July 2004

This month, you’ll be reading the links of Tom Mighell, Dallas lawyer, host of the Internet legal research blawg Inter Alia (http://www.inter-alia.net), and overall Internet geek. I’m thrilled to be a part of Law Practice Today, and I look forward to bringing you new and interesting links for your review. Let’s dive in!

Law Practice Today’s topic this month, Electronic Discovery, is probably the hot technology topic for lawyers right now. In fact, California is currently considering a rule making lawyers responsible for becoming "familiar with relevant computer applications, document retention policies and the storage and retrieval capabilities of the client." So what are you waiting for? Let’s get started!

Starters

  • Computer Forensics for Lawyers Who Can’t Set the Clock on their VCR (http://www.craigball.com/cf.pdf) (PDF File) – This article by Texas lawyer and technology guru Craig Ball is a favorite at ABA TECHSHOW®, and a must-read on the fundamentals of understanding electronic discovery.
  • Discovery of Electronic Documents and Other Digital Data
    (http://www.okbar.org/barjournal/articles/051003.htm) – An article by Judge Stephen P. Friot, a U.S. District Judge in Oklahoma City. This article dates from 2002, but it still has some good basic ideas about electronic discovery.

Blawgs

  • Electronic Discovery and Evidence (http://arkfeld.blogs.com/ede/) – Michael Arkfeld, author of the highly-regarded book, Electronic Discovery and Evidence, is one of the foremost authorities on electronic discovery, and he shares his knowledge with us on his weblog. More terrific information can be found at The Digital Practice of Law, at http://www.arkfeld.com/.
  • Alextronic Discovery (http://www.discoveryresources.blogspot.com/) – Brought to you by Alex Lubarsky, a practicing litigator and legal technology enthusiast. Alex posts regularly about ED issues and news, and he also conducts free online webinars through Fios. Subscribe to his RSS feed, or sign up to receive weekly updates by e-mail.
  • LawTechGuru (http://www.lawtechguru.com/archives/electronic_discovery.html) – Jeff Beard, a/k/a the LawTechGuru, has a separate category on his blawg specifically devoted to electronic discovery.

All-Purpose EDD Links

  • Discovery Resources (http://www.discoveryresources.org) – One of the best new ED sites, Discovery Resources features a blog-like news roll, articles from experts like Dennis Kennedy and George Socha, case law, forms, rules, and much more. This site is operated by one of the vendors below, Fios, Inc.
  • Discovery of Electronic Data
    (http://californiadiscovery.findlaw.com/electronic_data_discovery.htm) – A site maintained by California lawyer Richard Best, it’s crammed full of useful information on EDD, whether you’re from California or not. Select from Legal Authority, Expert Advice, Preservation Orders, Sanctions/Spoliation, Document Retention Policies, and many more issues.
  • KenWithers.com (http://www.kenwithers.com) – Ken is a Senior Judicial Education Attorney with the Federal Judicial Center, and he has channeled his interest in electronic discovery onto his own website. Here you’ll find recent articles and presentations, links to audio programs about EDD, electronic discovery rulemaking resources, and other links.
  • Federal Judicial Center Resources
    (http://www.fjc.gov/public/home.nsf/pages/196 – civil)
    (http://www.fjc.gov/public/home.nsf/pages/334 – criminal)
    No doubt compiled by Ken Withers, these two pages from the Federal Judicial Center offer links to articles, presentations, rules, and other information relating to items of interest in electronic discovery, including search and seizure issues involved in criminal investigations.
  • EDDix (http://eddixllc.com/public_home.asp) – This new site provides independent research, analysis, and reporting on the electronic discovery marketplace. A wealth of news and other information on e-discovery products awaits you here.
  • Law.com’s EDD Showcase
    (http://www.law.com/special/supplement/e_discovery/) – A selection of articles from April of 2004 on various issues regarding electronic discovery, from Legal Times, Legal Tech Newsletter, New York Law Journal, and other sources.
  • West LegalEDCenter Online CLE (http://westlegaledcenter.com) – Want to learn more about electronic discovery? Take an online seminar at West’s legal CLE portal. At last count there were 36 courses on e-discovery offered, at various prices.

PDF Files

A number of resources offer some great information on electronic discovery, but only via PDF format. So crank up your Acrobat Reader, and click away:

Vendors

Rather than recommend one of the vendors below, I have suggested pages within thier Web sites, with valuable resources on electronic discovery, so you can make your own decision.

Tom Mighell is an attorney with Cowles & Thompson in Dallas, Texas. He is a frequent speaker on the Internet and personal technology, and provides consulting on personal technology issues. He is the publisher of the Internet Legal Research Weekly, which can be found on his weblog, Inter Alia, at www.inter-alia.net.