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Alextronic Discovery
An Electronic Discovery Blog covering News, Articles
and Thoughts for the Legal and Corporate Community Author: Alexander H. Lubarsky, LL.M., Esq. - alubarsky@enterusa.com - Tel. (415) 533-4166 OR 800-375-4222 THIS BLAWG IS NOT AFFILIATED WITH THE WEB SITES WWW.DISCOVERYRESOURCES.ORG OR WWW.DISCOVERYRESOURCES.COM


Sunday, May 09, 2004

So How Do I Get Started?  

So How Do I Get Started?

Paralegals always ask the best questions. After a decade of teaching paralegals at various California Paralegal Schools throughout the Bay Area, I've come to realize that many paralegals seem to see the forest through the trees while the attorneys for whom they work are stubbing their shins on the stumps.

After a recent lecture that I delivered at the Paralegal SuperConference in Los Angeles last month, I was approached by a paralegal who had been in the discovery trenches for so long that she had redacted a portion of her tatoo on her forecept.

The question was brilliantly simple and, above all, it was functional. No head in the clouds high brow discourse and no overly technical propeller-beanie line of inquiry either. A perfect balance... a Stratavarious of questions.

It went like this:

Can you name ten concepts or rules that I can study to become knowledgeable in the world of electronic evidence?

Now I never really understood the popularity behind David Letterman's Top 10 lists, but this time the sheer genius of a top ten smacked me upside my head.

I thought a bit... I grinned, looked at her and said, that is a wonderful question:

So here now is a list of rules and items you the ED neophyte can learn and incorporate into your already overly-hectic routine to become at one with the ED universe.

1. Understand MS Office Apps. (Word, Outlook, Excel etc...) as a bonus throw in WordPerfect too. You don't necessarily have to understand what the function keys do in each application, but understand how they are used in the real world and why.

2. Lear Privilege. Be familiar with the Attorney-Client, Work Product and other commonly cited privileges.

3. Know what "Redaction" is. Look it up. I'm not gonna make this too easy for you now...

4. Know what "Spoliation" is. Hint: it is NOT when you leave the eggs in the fridge throughout your three month trek to the Himalayas.

5. Understand the concept of Duplication and De-Duplication.

6. Read FRCP Rule 26(b). Know it cold!

7. Read FRCP Rule 34

8. Read FRCP Rule 26(f)

9. Read FRCP Rule 37

10. Visit ED resources regularly such as www.discoveryresources.org; http://californiadiscovery.findlaw.com; www.sochaconsulting.com; www.fiosinc.com; www.findlaw.com/ and many, many more.

If you can devote some time to this top ten list, you too may become an EDD authority. No need to offer up a Ginzu knife here.

posted by Alexander | 11:07 PM

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