Posts on legal tech, litigation, & eDiscovery

A good settlement with a known outcome beats the uncertainty of going to trial almost any day.

Having been on both sides of legal tech - both as a consumer when I was practicing and now as a producer as a founder of CaseFleet - I have learned a great deal about the different solutions that can help lawyers run their practice more efficiently....

Family law is among the fastest growing practice areas in the legal profession. And why shouldn’t it be? Dealing with family matters can be some of the most sensitive and stressful situations faced in a lifetime, and when someone needs help with a...

Depositions make or break cases. Taking a deposition can be exhilarating when you're able to get past the witness's defenses and layers of preparation - or extremely frustrating if the witness is a skillful evader or if opposing counsel obstructs....

Litigators eat, breathe and sleep facts. Indeed, non-lawyers are often surprised by the near-fanatical thoroughness that many litigators exhibit when investigating the facts of a case. Most of us have either taken or defended 7-hour depositions,...

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...