Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

ELECTRONIC EVIDENCE AND DISCOVERY: WHAT EVERY LAWYER SHOULD KNOW NOW

June 15, 2009

It's always a pleasure to salute fellow authors who undertake the daunting subject of e-discovery and do it credibly. Those interested in EDD should take a look at the new book Electronic Evidence and Discovery: What Every Lawyers Should Know Now by Michele Lange and Kristin Nimsger (ABA 2009).

Both of the authors work for Kroll Ontrack, but there's no shilling in this book. It is thoughtful and informative – and completely vendor-neutral. The authors take a look at the federal rules and their practical implications, discovery technology, computer forensics, and even electronic disclosure in the U.K.

The book contains digests of some of the top e-discovery cases, which will no doubt provide fodder for lawyer/blogger Ralph Losey, who is prone to disagree with Kroll's selection of top cases. I look forward to Ralph cheerfully pointing out cases that he believes were unfairly excluded and those who should have remained on the cutting room floor.

There are a handful of forms, including preservation letters, interrogatories, a request for the production of documents and a couple of sample orders. Finally, there's a helpful glossary.

Mind you, this book is not for the faint of heart. The subject is technical and the material may be hard for many lawyers to get through, especially if they are technophobic.

But there is a lot of good information here, so it may be worth downing a pot of expresso on a Saturday afternoon and doing some concentrated reading.

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