E-Discovery for Paralegals: Definition, Application and FRCP Changes

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Detailed Overview/Outline

PROGRAM DESCRIPTION

Master the Rapidly-Evolving Area of E-Discovery

E-discovery has become the “hot” area in litigation due to the increasing use of technology by clients. Although the need to get up to speed in this area has been pushed to the forefront by the Federal Rules of Civil Procedures changes, many legal professionals continue to remain unprepared. Becoming well versed in both the technology and procedural aspects of e-discovery will help you to not only manage cases effectively, but could be the springboard for furthering the future course of your career!

Our experienced faculty will help you to not only understand the e-discovery process, but also show you how to implement practical procedures that they have successfully used. Uncover how the changes to the FRCP will impact your current e-discovery procedures. Identify commonly-overlooked areas where computer-related evidence is stored. Effectively preserve evidence using simple steps to safeguard the chain of custody and avoid spoliation. Obtain a clear understanding of when or if discoverable evidence is admissible. Unravel the complexities of working with various types of software and compatibility issues. Bring about positive changes in your career by enhancing the e-discovery skills that can be your ticket to emerging positions in the field or in your firm.

• Determine some of the differences between traditional and e-discovery and get familiar with the language and terminology involved.
• Access company firewall, router, phone system and security system logs, and locate useful information.
• Know where and how to look for database entries and financial transactions – and find out how to use them correctly.
• Make sure you're locating the information you need by creating effective search plans that cover all the bases.
• Knowledgeably choose and establish good working relationships with third party experts.

WHO SHOULD ATTEND
This basic-to-intermediate level seminar will provide paralegals, legal assistants and other legal professionals with a clear understanding of how to implement best practices in electronic discovery.

AGENDA

ELECTRONIC DISCOVERY: DEFINITIONS AND USES

• What is Electronic Discovery?
• Why E-Discovery Can Be Valuable in Litigation
• How Does Electronic Discovery Differ From Traditional Methods of Discovery?
• Key Terminology You Should Know
• Distinguishing Between Electronic Litigation Support (E-Production) and E-Discovery
• Advantages and Disadvantages to Electronic Discovery
• Who Pays for E-Discovery?
• Negotiating Parameters of E-Discovery With the Other Side
• When is it Time to Call in the Experts?
• Application of Federal Rules to Electronic Discovery (Including E-Discovery Amendments)

WHERE CAN YOU FIND COMPUTER RELATED EVIDENCE?

• Individual PCs and Laptops (Work and Home)
• Mining File Servers and E-Mail Servers
• Company Firewall, Router, Phone System and Security System Logs
• What You Can Use From PDAs and Mobile Phones
• Locating Good Evidence on Backup Tapes and Removable Media (Jump Drives, Etc.)

WHAT EVIDENCE IS OBTAINED THROUGH COMPUTER FORENSICS?

• Understanding Normal Files and Their "Meta-Data"
• What You Can Learn From E-Mail, Appointments, Contacts and Journal Entries
• Database Entries and Financial Transactions: Using Them Correctly
• Deleted Data, Temporary Files, Hidden Files and Encrypted Files
• Internet History, Cookies and Instant Messaging Logs
• If it is Discoverable, Does That Mean It's Admissible?

EFFECTIVELY PRESERVING EVIDENCE

• Avoiding Spoliation of Evidence
• Preservation of Evidence Letter
• Preserving the Chain of Custody
• Your Client's Preservation Responsibilities

EFFICIENT STRATEGIES FOR DISCLOSURE AND DISCOVERY

• Using Interrogatories, Requests for Production and Requests for Inspection
• The Role of Depositions and Witness Examination
• Deposing the Opposition's IT Experts
• Acquiring Electronic "Images" of Data Sources
• Developing Effective Search Plans
• Production of Forensic Evidence and Findings

OTHER CONSIDERATIONS IN E-DISCOVERY

• Identification of Ethical Responsibilities and Conflicts of Interest
• The Firms, Tools and Processes of the Computer Forensic Industry
• Choosing and Working With Third Party Experts
• Dealing With Software and Compatibility Issue

Sponsor Background:
About NBI

National Business Institute

Providing Legal Knowledge to Any Business, Anytime, Anywhere

National Business Institute (NBI) has been providing legal education to attorneys, accountants, human resource and insurance professionals, real estate agents, teachers and all other corporate and legal professionals for over 20 years. We have trained on every legal topic relevant to the workplace and have access to the most comprehensive library of training tools in the industry.

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