How can lawyers learn more about eDiscovery to win cases?

As litigation attorneys grow more technologically savvy, the integration of eDiscovery practices congruently become more widespread.  More law firms are accepting the fact that cultivating electronically stored information (ESI) can help them win their cases.  However, there is large subset of attorneys that wince at the very thought of dealing with ESI and will avoid it all costs.  Perhaps it is because they do not understand its use, have heard horror stories about the financial burden that eDiscovery may cause, or that they are afraid of the enormous consequences that exist with sanctions.  Regardless of the reasons, many law firms and lawyers from around the world are consciously refusing to explore proven methods that can assist them in winning their clients’ cases.  Nevertheless, they are in luck, because it is not too late for them to learn how to utilize eDiscovery to provide them more options to win their cases.

David J. Schwartz once said, "To fight fear, act. To increase fear wait, put off, postpone."  Squeamish lawyers must overcome their aberration of eDiscovery and learn more about it.  EDiscovery can be used to obtain pertinent information extracted from various key witnesses to prove their knowledge of, or the existence of, relevant evidence/facts that win or lose cases.  Laptops, desktops, handheld devices, etc. all possess ESI that can provide the location of witnesses, email communications, social media postings, and the like, which may have an impact on the outcome of their case.  Here are 5 tips of what lawyers can do to learn more about eDiscovery:

1) Study eDiscovery trade associations and their publications – The EDRM.net, ILTA, Sedona Conference, etc., provide a wealth of knowledge and resources for people wanting to find out more about eDiscovery and its various stages.

 2) Read law and technology news magazines – There are a few good publications that talk about the latest news and best practices.

3) Subscribe to eDiscovery Blogs – Knowledgeable and talented litigation support professionals, vendors, and law firms have fantastic blogs with relevant case law, articles, and updates.

4) Participate in free vendor webinars – Many vendors have products and services with cutting edge technology that they want to share with the world “for free”.  Take advantage by participating and asking as many questions that you may have.

5) Attend eDiscovery workshops and conferences – Numerous shows exist around the country, such as LegalTech, ILTA, the Masters Conference, to name a few, that focus on eDiscovery technology and creating solutions for all types of legal organizations.  Meet the individuals behind these conferences face-to-face and make them earn your business.

Kevin L. Nichols is the Principal of KLN Consulting Group located in San Francisco, which specializes in Litigation, Diversity and Business Development/Social Media consulting. For more information, please visit http://www.klnconsultinggroup.com.