1. 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

2. The Wild Wild West © Copyright 2012 Legal E Employment Partners

3. 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

4. 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: email, voicemail, smart phones, PDA’s, MS Word, Excel & PPT *Definition provided by Wikipedia

5. 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.

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

7. 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, 7-06-2012 Statistics provided by The Cowan Group [Statistical Parameter: 88 law firms surveyed]

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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. 20036 202-319-1500 Virginia Corporate Headquarters Silver Line Metro Station (late 2013), Spring Hill Station 1577 Spring Hill Road Suite 270 Vienna, VA 22182 703-319-1400 www.mylegale.com