NAVIGATING EMERGING E-DISCOVERY ROLES © Copyright 2012 Legal E Employment Partners ALA Capital Chapter Educational Fall Forum Thursday, October 25, 2012 Sun Trust Building 1445 New York Avenue, NW Washington, D.C. By Janice James Executive Director, Contracts & Special Projects Division Legal E Employment Partners

The Wild Wild West © Copyright 2012 Legal E Employment Partners

Introduction © Copyright 2012 Legal E Employment Partners  Understand the terminology  Identify software & technology  Latest industry trends  Develop roles & reporting structures  Staffing & development  Pursue external e-Discovery resources & education  Forecasting the future of e-Discovery

What is e-Discovery? © Copyright 2012 Legal E Employment Partners Electronic discovery (or e-discovery, eDiscovery) refers to discovery in civil litigation which deals with the exchange of information in electronic format (often referred to as electronically stored information or ESI). *discoverycivil litigationelectronic formatelectronically stored information Types of ESI: , voic , smart phones, PDA’s, MS Word, Excel & PPT *Definition provided by Wikipedia

Terminology © Copyright 2012 Legal E Employment Partners  TAR: Technology Assisted Review  Predictive Coding, Rules Based, etc.  EDRM: e-Discovery Reference Model  ACEDS: Association of Certified e-Discovery Specialists  CEDS: Certified Specialist in e-Discovery  IG: Information Governance* * Enterprise-wide approach to the management and protection of a law firm’s client and business information assets.

Software & Technology © Copyright 2012 Legal E Employment Partners  Concordance & Summation  DocuMatrix  Kroll Ontrak  Ringtail  Applied Discovery  Stratify  Relativity

Latest E-Discovery Trends © Copyright 2012 Legal E Employment Partners  Strong uptick in electronic data discovery workload at law firms  70% of law firms reported an increase in workloads for their litigation support & e-discovery departments--sharp rise from 2009 report  62% of law firms said they expect to grow capacity either by adding head count or purchasing new technology  Growth is expected to happen soon; 50% of firms believe they will increase technology in the next 3 months; 43% of firms plan to add people in the next 3 months compared to 32% last year Reported by Law Technology News, Statistics provided by The Cowan Group [Statistical Parameter: 88 law firms surveyed]

Roles & Reporting Structures © Copyright 2012 Legal E Employment Partners  Paralegals  Litigation support  IT  Attorneys  Hybrid positions  Establish chain of command  Provide effective management  Internal staff - redefining roles  Establish billing rates  Educate attorneys

Staffing & Development © Copyright 2012 Legal E Employment Partners  Determine hiring needs - current and future  Create budget and salary ranges  Establish job descriptions and requirements  Talent mining, recruiting & interviewing  Utilize business partners to supplement needs  Develop training and mentoring programs  Generate a retention plan  Encourage professional development

Resources & Education © Copyright 2012 Legal E Employment Partners  Resources Blogs, webinars, e-newsletters Networking, e-networking & social media Utilize benefits of professional organizations: ILTA, IPMA, ALA, ALSP, WiE, ARMA, B-Discovery  Education & Training Encourage association memberships and certifications Provide educational opportunities for Administrators, HR Professionals, E-Discovery Professionals/Litigation Support and Attorneys Seek out educational opportunities such as Georgetown University’s Litigation Support/Legal Project Management Certification Program and law schools with e-discovery tracks

What Lies Ahead © Copyright 2012 Legal E Employment Partners  Pending court cases will define the future of e-Discovery  Emerging technology  Expanding IT & litigation support departments  Shifting roles & continued evolution  Establishment of an information governance framework

Conclusion © Copyright 2012 Legal E Employment Partners  Educate yourself on evolving e-Discovery trends  Understand litigation environment and needs  Define goals of e-Discovery mission  Structure hiring plan with established hierarchy  Determine salary ranges and billing rates  Hire and develop the e-Discovery team  Develop quality control processes and procedures  Educate and collaborate with attorneys  Invest in business partner relationships  Be inclusive and embrace industry evolution

Questions? © Copyright 2012 Legal E Employment Partners Thank You! Janice James, Executive Director, Contracts and Special Projects Division Legal E Employment Partners Washington, D.C. Branch Office Farragut North Metro Station 1001 Connecticut Avenue, NW Suite 225 Washington, D.C Virginia Corporate Headquarters Silver Line Metro Station (late 2013), Spring Hill Station 1577 Spring Hill Road Suite 270 Vienna, VA