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In The Lean Startup, author Eric Reis emphasizes the distinction between actionable data and vanity metrics. The latter appeals to your ego (total clients served, total dollars earned this year), whereas the former helps you make better judgments...
Cross examination has been described as “greatest legal engine ever invented for the discovery of truth.” 5 J. Wigmore, Evidence § 1367, p. 32 (J. Chadbourn rev. 1974). Although I think e-discovery is a more powerful engine for discovering the...
As a lawyer, I skipped the apprenticeship phase that constitutes the first part of most legal careers. Rather than having a wise elder to show me the ropes, I learned my craft by watching others practice, reading the rules until I nearly had them...
Broad pretrial discovery is one of the key features of the American legal system, and it’s intended to avoid the problem of “trial by ambush” - where one side introduces surprising evidence at trial that the other side has never seen before. But the...
Other than witness testimony, nearly all the evidence worth discovering in litigation is electronic. More often than not, it’s emails, text messages, database records, digital images, metadata, and Microsoft Office files that tell us the truth about...
Often when it comes to business, we focus so much on working in the business that we overlook focusing on building the business. While this is true in most business, I think it is especially true with lawyers. So much time is spent with clients...
This is Part 2 of a 4-part series. Click here to read Part 1, which discusses websites.
I was privileged to have the chance to interview one of my heroes, Craig Ball, a few months ago in a wide-ranging and very interesting talk. It was a lengthy discussion, so we’ve broken the interview into several parts. We cover eDiscovery best...
This is Part 3 of a 4-part series. Click here to read Part 1 which discusses websites, click here for Part 2 which discusses Paid Advertising.
Lawyers who “do” e-discovery tend to use a lot of hard-core terminology that is bewildering to the uninitiated. That’s unfortunate. Given that e-discovery is discovery, the terminology we use should be user-friendly for all litigators, not just...
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