Peer to Peer Magazine

June 2011

The quarterly publication of the International Legal Technology Association

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Discovery 2020 analytic tools that correlate metadata and text in a variety of ways, search tools that allow a broad range of classification and clustering approaches, and review platforms that have workflow tools to allow these technologies to be applied in a flexible manner). Further down the road, the key to addressing the need to create a holistic solution will be to move the actual collection and retention of data from the “after-the-fact” model (i.e., reactive) used today, to capture it at the time of creation using an “in-place” model (i.e., proactive). With this model, the identification challenge is significantly reduced because data will become more centrally available, and can be deduplicated early in the process. This model also provides a basic infrastructure for searching metadata (a key preliminary data reduction step). There are a number of early generation tools presently available that perform many of these functions, such as email repositories and other document-based repositories. The e-discovery vendors’ challenge will be to develop methodologies and processes to leverage these systems for a first-level culling, extracting only the responsive sets of data along with the applicable metadata. These next-generation tools will significantly reduce the cost of identifying and collecting potentially responsive information as well as create significant efficiencies by reducing the amount of data that will have to be reviewed. One trend that will certainly continue to gain traction is the potential exposure and liability for both litigant and counsel who fail to pay heed to the duties of the discovery process. As judges become more educated about the e-discovery process, the risk of serious sanctions should give notice to litigants that the reliance upon people with inadequate skills or use of software that is not up to the task will no longer be excusable. The education of the judiciary and counsel in all of these areas will evolve at an accelerated pace over the next several years. ILTA Howard Reissner co-founded Planet Data in 2001 and is involved in every aspect of the organization, including strategic planning, development and implementation of technology; but most important is his focus on client relations. A former practicing lawyer, he has extensive experience in providing technology and e-discovery services and solutions to the legal industry. Howard is a well-known figure in the international legal industry — speaking at high-profile conferences and events on data management and security and e-discovery issues — and an active member of the New York Bar. He can be reached at hreissner@planetds.com. Numbering and Styles in Word 2010 — Could it be that easy? LegalBar simplifies both the use and administration of Microsoft Word 2010 providing a central legal styles library, an easy 'all-in-one' legal numbering tool and centralized firm templates. BEC Legal for a demonstration. Peer to Peer 800.948.4810 | www.beclegal.com the quarterly magazine of ILTA 101

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