Welcome to the e-Discovery Team Blog by Ralph Losey who can be reached at firstname.lastname@example.org. Ralph is a lawyer in private practice with a background in litigation and computers since 1979. He is a Partner of Jackson Lewis, LLP and the firm’s National e-Discovery Counsel. Ralph has limited his practice to e-discovery law since 2006. See the important disclaimer and notice about this blog, which is his own creation and has his own views, not that of his law firm or anyone else. All Ralph and other contributors to this blog provide is education and information, not legal advice. Ralph is also an Adjunct Professor of Law at the University of Florida and author of numerous legal publications in the field of e-discovery, including five books on e-discovery: e-Discovery Stories from the Cutting Edge of Law and Technology (e-Discovery Team iBook, 2012); Adventures in Electronic Discovery (West, Spring 2011); Electronic Discovery: New Ideas, Trends, Case Law, and Practices (West 2010); Introduction to e-Discovery, (ABA 2009); and, e-Discovery: Current Trends and Cases (ABA 2008).
Ralph’s latest projects include:
- Research and development of new types of legal search methods that utilize the latest predictive coding type algorithms. See the CAR page above.
- The formation of an extensive, for profit online education project, called e-Discovery Team Training, that provides law school quality instruction to everyone. See the School tab above for more information on Ralph’s thoughts about education.
- Assist in the formation of a not-for-profit educational foundation, IT-Lex.org, led by my son, Adam Losey. This foundation is oriented to younger lawyers and law students. Its activities include a writing contest with large cash awards, twice-a-day blogs, and annual CLE events.
- Creation of a website that collects the best legal-practices in e-discovery, called EDBP.com, which stands for Electronic Discovery Best Practices. This free information service includes a new ten-step flow-chart that Ralph created, which outlines the basic services, shown below. This is a workflow of legal services only, and is thus a new and different model than the traditional EDRM model, which includes non-legal technical services.
This Blog and the Team Approach?
As the name of this blog suggests, it pertains to all aspects of Electronic Discovery and stresses the team approach. It is designed for all levels and types of readers, from litigators with years of experience in e-discovery, sophisticated in-house counsel, beginning lawyers and paralegals, and law students, to non-lawyer IT experts and other professionals in the growing fields of e-discovery and information management. These essays discuss the unique problems of e-discovery, and the latest trends, case law, and events in this field. These blogs also explain in detail one part of Losey’s solution to the problems of e-discovery, an interdisciplinary team approach, led, but not dominated by, technologically savvy lawyers.
The world as we know it today is dominated by computers and other technologies. This is not a passing fad; it is a new culture. An information and technology age is rapidly replacing the old ways in every field, including the law. This is particularly evident for companies and attorneys involved with litigation. They must not only understand the law, and the facts of a dispute, but also the organization’s computer systems and data retention practices. The failure of otherwise excellent in-house counsel and their trial lawyers to understand the new technologies and their impact on evidence and discovery has led to some spectacular losses over the past decade by some of the top corporations in the country and the law firms that represent them. The December 1, 2006, changes to the Federal Rules of Civil Procedure, and case law have only intensified the problem.
If a large organization is involved in litigation, and that includes almost every large company and branch of government, it must solve this problem, fast. My solution (which at this point appears to have become the consensus solution) is formation of an e-Discovery Team, an interdepartmental group comprised of lawyers, IT and science. It rests on the three pillars of knowledge essential to effective e-discovery: Information Science, Law and Technology.
Please let me know your ideas and comments concerning this blog. You can send me a personal email at email@example.com. Also, please feel free to leave any non-commercial comments to this blog, which can be read by all. I retain all copyrights and may need to edit comments, but I welcome dissenting views.