Electronic Discovery in Everyday Cases

Listen to Sharon Nelson and John Simek, the corporate officers of Virginia based Sensei Enterprises, discuss the practical side of electronic discovery. This podcast could be seen as the nuts and bolts accompaniment podcast to the first podcast we did with Judge Facciola and Tom French which tried to explain why solo practitioners who litigate need to learn about electronic discovery. Sharon D. Nelson, Esq. and John W. Simek, are the founders of Sensei Enterprises and acknowledged experts in the field of forensics and electronic discovery. They are often on the road educating audiences across the country about technology issues for the legal profession, including the value of computer forensics. They have also written articles about technology and the law for many publications, and even co-authored three books: The Electronic Evidence and Discovery Handbook (ABA, 2006); Information Security for Lawyers and Law Firms (ABA, 2006); and The 2008 Solo and Small Firm Legal Technology Guide: Critical Decisions Made Simple (ABA, 2008). Ms. Nelson is the past President of the Fairfax Bar Association, a Director of the Fairfax Law Foundation, and past chair of the American Bar Association’s TECHSHOW Board. She is the chair of the ABA Law Practice Management Publications Board and currently serves on the Governing Council of the ABA’s Law Practice Management Section. She is a member of ARMA’s E-Discovery Advisory Board, the ABA’s Advisory Panel, the governing Council of the Virginia State Bar, and a graduate of Leadership Fairfax. John Simek is an EnCase Certified Examiner and a nationally known testifying expert in the area of computer forensics. Before starting Sensei, John spent 20 years as a senior technologist with Mobil Oil, where he designed and performed trouble shooting approaches on Mobil’s networks throughout the western hemisphere.

In this podcast, we break down everyday cases where E-Discovery occurs, offer tips on saving money, how to figure out what the use of experts in a case will cost, tips on preserving evidence – even if you aren’t sure you will use ESI, litigation hold measures for smaller cases, the format in which to provide evidence to an attorney for review, advice for selection of a good EDD vendor for smaller cases, the pitfalls of using an internal IT department for E-Discovery tasks, the importance of working with opposing counsel in smaller cases to be more effective and really save money, and where most attorneys mess up smaller electronic discovery cases.

This was a very informative show. I hope you enjoy it.

Recorded 06/23/2009

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