what does an e discovery attorney do

by Marlene Cruickshank 5 min read

An e-discovery professional's work may include:

  • Assessing a client’s electronically-stored information (ESI)
  • Helping to create ESI preservation policies
  • Serving on e-discovery teams
  • Ensuring compliance with federal rules regarding ESI
  • Educating clients on e-discovery policies
  • Drafting and communicating litigation hold procedures
  • Using technology to facilitate discovery

More items...

Full Answer

What is the job description of an e discovery specialist?

An e-discovery attorney is an expert in legal technology. In this career, you carry out duties related to researching and extracting electronic information to use in legal cases. Your responsibilities as an e-discovery attorney are to identify the best process to collect stored information that could aid a legal team in an investigation or ...

What is e-discovery and how does it work?

An e-discovery attorney is an expert in legal technology. In this career, you carry out duties related to researching and extracting electronic information to use in legal cases. Your responsibilities as an e-discovery attorney are to identify the best process to collect stored information that could aid a legal team in an investigation or courtroom case.

What is an e-discovery professional?

Apr 28, 2008 · E-discovery professionals use technology to facilitate the legal discovery process when it involves electronic documents. Discovery is the process of sending and receiving information from parties in a legal proceeding. E-discovery professionals work in law firms, for e-discovery vendors, for the government, and in academic settings.

What is discovery in a lawsuit?

Oct 18, 2018 · The duties and responsibilities of an e-discovery professional varies depending on their practice environment, but they typically include: Collecting and analyzing a client’s electronically stored information. Using data to discover facts relevant to the lawsuit. Processing the data and identify potential witnesses.

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What is ediscovery in law?

E-discovery professionals use technology to facilitate the legal discovery process when it involves electronic documents. Discovery is the process of sending and receiving information from parties in a legal proceeding. E-discovery professionals work in law firms, for e-discovery vendors, for the government, and in academic settings.

What is ediscovery in legal terms?

E-discovery professionals use technology to facilitate legal discovery and to manage electronic data. In a legal sense, discovery takes place when each party in a court case is permitted to discover information that's in the possession of the other. In the past, this meant boxes of paper records.

What is an ediscovery director?

E-discovery directors: Directors are executives who oversee all the e-discovery teams within a firm. They typically oversee a department budget and staffing levels on e-discovery teams. They are also responsible for e-discovery business development and strategic planning.

How much does an ediscovery director make?

An e-discovery professional starting as a document coder may earn a relatively modest $37,000 per year, but experienced e-discovery directors can earn an annual salary of $124,000 or more. 1 . E-discovery was an almost $11 billion industry in 2018, and it's expected to top $17 billion by 2023. 2 .

What is ediscovery professional?

E-discovery professionals are primarily employed by law firms, e-discovery vendors, corporate legal departments, and the government. Some also work in academic settings, teaching best practices and compliance with e-discovery rules. An e-discovery professional's work may include: E-discovery professionals must understand both information technology ...

Is it necessary to be certified in e-discovery?

Although it's not required to work in e-discovery, certification can increase job prospects and affect pay. Numerous programs exist at varying costs. The Association of Certified E-Discovery Specialists (ACEDS) is among the most expensive and the most challenging, but it's also highly respected by legal employers.

What is an example of a CEDS certification?

One example is the Association of Certified E-Discovery Specialists ( ACEDS). The CEDS certification is very in-demand from legal employers, as it incorporates all e-discovery issues.

What degree do you need to be a paralegal?

In many states, a paralegal must have at least an associates degree, and a legal secretary can opt for a degree, certification, or on-the-job training.

What degree do I need to become an e-discovery professional?

Generally, e-discovery professionals have an undergraduate degree in technology , and some even have advanced degrees. Because it is a fairly new occupation, most training is done on the job or through continuing education courses. Aspiring attorneys wanting to fill the role of an e-discovery professional must obtain a law degree ...

What are the duties of an eDiscovery professional?

The duties and responsibilities of an e-discovery professional varies depending on their practice environment, but they typically include: Collecting and analyzing a client’s electronically stored information. Using data to discover facts relevant to the lawsuit. Processing the data and identify potential witnesses.

What type of lawyer can assist in analyzing stored data?

If you believe you have a basis to file a lawsuit and your case involves information stored on a computer, phone, GPS, or other device, you can hire an e-discovery attorney. With a background in technology, this type of lawyer can assist in collecting and analyzing the stored data.

How much does an ediscovery attorney make?

Other statistics show that a higher-level e-discovery professional may earn upwards of $200,000 per year. With a law degree, and an adequate amount of technological skills, an e-discovery attorney falls much higher on the salary spectrum.

Do e-discovery professionals get paid?

Generally, e-Discovery professionals without a law degree earn an hourly wage or salary, since they are paid by employers. Some in this field work solo, however, and are paid directly by clients. In this case, they can charge hourly, or a flat-rate fee.

What is e discovery?

​e-Discovery or electronic discovery is the process of obtaining and exchanging electronically stored information or ESI in a civil lawsuit. ESI can include emails and digitally stored documents. Lawyers commonly use software to efficiently sort through that data. This article is an explanation of what e-Discovery is and how it works.#N#​

What is the threshold issue at the start of any business dispute or lawsuit?

The important threshold issue at the start of any business dispute or lawsuit is preservation of data. Companies can have written data management plans and preservation protocols in place that defines when they dispose of data and devices.

Why is software important?

Most importantly for businesses is the preservation of certain data when there is a reasonable belief that there is or will be a dispute.

Does preservation of ESI mean that it must be loaded into eDiscovery software at the outset of

Preservation of the ESI does not mean that it must be loaded into eDiscovery software at the outset of a dispute. eDiscovery software costs money to use. So maintaining ESI until it is necessary to search it using the software satisfies preservation obligations and contains the costs. Relevant and discoverable ESI is obtained through ...

Who is David Steinfeld?

David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for almost 25 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.#N#Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.

What is electronic discovery?

Electronic discovery (sometimes known as e-discovery, ediscovery, eDiscovery, or e-Discovery) is the electronic aspect of identifying, collecting and producing electronically stored information (ESI) in response to a request for production in a law suit or investigation. ESI includes, but is not limited to, emails, documents, presentations, ...

What happens to documents after they are identified?

After data is identified by the parties on both sides of a matter, potentially relevant documents (including both electronic and hard-copy materials) are placed under a legal hold – meaning they cannot be modified, deleted, erased or otherwise destroyed.

Why are e-discovery processes so complex?

The processes and technologies around e-discovery are often complex because of the sheer volume of electronic data produced and stored.

What is the duty of technology competence?

states have adopted the duty of technology competence, meaning that lawyers must “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” In other words, keeping abreast of changes of the law and its practice includes keeping abreast of the benefits and risks of relevant technology. If you haven’t kept yourself up to date on how the latest technology can help you run processes like eDiscovery in the most efficient and secure way, you could be taking a risk.

Why is it important to work with ESI?

When working with ESI during the eDiscovery process, it’s important to operate in a way that doesn’t impact your data—but for many legal professionals, that’s easier said than done. As Andy explains:

Why is metadata important in eDiscovery?

Metadata, or data about data, is also important to consider during the eDiscovery process. It can be used to organize information to make it easier to review large volumes of ESI. As Andy explains:

Is ESI secure during discovery?

Keeping data secure during the discovery process isn’t as simple as one might think. Transferring ESI between parties, or even storing ESI during the discovery process, can put data at risk if it isn’t done carefully. Andy explains:

What is electronic discovery?

Electronic discovery (also known as e-discovery, e discovery, or eDiscovery) is a procedure by which parties involved in a legal case preserve, collect, review, and exchange information in electronic formats for the purpose of using it as evidence. There are many different electronic formats - or electronically stored information (ESI), ...

Why do lawyers study law?

There is an old joke among lawyers that the reason they started studying law in the first place was simply to avoid math and science. That's probably not universally true, but it's undeniable that e-discovery burdens many legal professionals and tasks for which they aren't particularly knowledgeable or prepared.

Is the federal judiciary convinced of e-discovery?

After four years, the federal judiciary is still not convinced..if that's not a wakeup call, we don't know what is. E-discovery is as fundamental to legal process as a scalpel is to a surgeon - but it isn't currently treated as such.

The Length of the Discovery Process

The discovery process is usually 30 days in most cases, and with large amounts of data to be reviewed in e-discovery, streamlining the process through the use of data review applications becomes important. Proper litigation requires that e-discovery is processed within the time limit, and redistributed to the other side as necessary.

E-Discovery in Your Case

All access to e-discovery must be granted to both sides in any litigation. This includes photos, emails, text messages, faxes and more, meaning that one side can’t leave out pieces of information that might be incriminating.

What is the function of a discovery officer?

Function: Assist with discovery activities, primarily document analysis, review, and production. From time to time, may also take on other tasks. Conducts legal review and codes documents (both electronic and paper) for relevancy, responsiveness, and privilege.

What are the skills required to be an excellent manager?

Excellent organizational skills. Excellent interpersonal skills, including the ability to work effectively under pressure and with people at all levels, both inside and outside the firm. Excellent analytical skills. Excellent oral and written communication and language skills.

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