The Common Scold: True Grit: Finding the Right E-Discovery Formula

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The Common Scold

The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!

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True Grit: Finding the Right E-Discovery Formula

With LegalTech New York on our doorstep, we've putting our February issue of Law Technology News online a few days early. Around 5 p.m. EST tonight, it should be "live" at www.lawtechnologynews.com (scroll down to the "LTN Magazine" Box).

Check out our cover story about how BigLaw is trying to find just the right formula for handling e-discovery. We profile efforts at Littler; Winston & Strawn; WilmerHale; Fenwick; Pillsbury; K&L Gates; and several other firms. Littler's Paul Weiner is our "cover boy"!

Our EDD Showcase also includes Cecil Lynn III's annual Year in Review, analyzing the most important 2011 EDD opinions; Patrick Oot's Rules Road Map, explaining how EDD rules are amended: and my report from Georgetown (yes, I know that was a while back, but the conference was the day after we closed the December issue!) And of course, Craig Ball's column, addressing how to cure over-preservation.

The print edition will be at the show — if you see me, I'll show you the unintended "Easter Egg" that made me laugh out loud when I got the magazine today. Hint: it's on page 75.

You can also listen to an interview with Weiner and Winston's John Rosenthal, on the February edition of my Law Technology Now podcast, which is already live at www.lawtechnologynow.com.

Cya at the Hilton New York!

January 27, 2012 in EDD: E-Discovery, LTNY 2012 | Permalink

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BALL IN YOUR COURT, by Craig Ball
Winner: American Society of Business Publication Editors Northeast region: 2010 Gold Award, Best Contributed Column; 2010 Silver award, Feature Series. Trade and Business Publications International ("Tabbies"): 2010 Bronze award, Best Column.

Click here for links to Ball's columns on our EDD Update blog (See right nav bar).

WEB WATCH, by Robert J. Ambrogi
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TECHNOLOGY ON TRIAL
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Winner: 2006 ASBPE Northeast
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Winner: Apex Award to Larry Port, for excellence in green writing, for Macho & Mulch.

Solutions Penalty Box:

Here are current contenders for the most use of incomprehensible jargon and cliches, including the banned word, "solution," in a press release. :)

MONICALOGUES:

June '08: Can You Adapt? EDD is wreaking havoc on traditional law firm caste systems, with new roles for attorneys, paralegals, IT and other litigation support staff. Opportunities abound for the ambitious.
Winner: 2009 Gold Award, Best Technical Article: American Society of Business Publications Editors, Northeast region.

Nov. 08: Just Equal,
my rant about the disgraceful gender-based pay discrepancies in the legal profession, and Editor's Note, about visiting the United 93 memorial in Pennsylvania, with my mom.
Winner: 2009 Honorable mention, 2009 Tabbies, Best Editor's Column.

October '07:
An Undercurrent of Fear: A report on the challenges of e-discovery.
Winner: Bronze, 2008 Trade, Association, Business Publications International Tabbies competition. Best Special Section. 2008 American Society of Business Publication Editors, Northeast region: Bronze: Best Technical Article.

Katrina's Wake:
In the April '06 LTN, Monica Bay and photographer Russ Curtis travel to New Orleans, to report on the legal technology community's efforts to rebuild practices and lives post-Hurricane Katrina. Links temporarily unavailable, will be back up soon.
Winner: 2007 TABBIES: Honorable Mention, Best Feature.

Fear Factor: Why Lawyers Aren't Using Technology. The ABA's most recent tech survey found that only 11.7% of the nation's lawyers are using ANY trial technology. We interview lawyers, vendors, and consultants to find out why, and the answers are shocking: lawyers are afraid of technology, don't understand it, and are overwhelmed by too many choices. Vendors take some of the blame by not educating lawyers about tech's potential. The dramatic conclusion: lawyers must embrace change, and adopt technology, or they simply will not survive in today's competitive marketplace.

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Low Visibility: As law firms move toward a corporate, rather than private club, model of operations, they are bringing in "C-level" executives to help them run their organizations. Yet many law firms still cling to old-school caste systems, where only the attorneys have real power, and everybody else is invisible. What's the litmus test? Take a look at the firm websites. Can you search for the CIO? For the COO? For the HR director? If not, the firm may be paying only lip service to change. Savvy firms realize that if they want to keep top-level executives, they better start treating them like partners.

No solutions! We're determined to build bridges, not walls -- and to explain and demystify technology in our three magazines.

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Practical Magic:

The Food Chain:

Pull Out Your Checkbook:

Katrina's Wake:

Gore_4

Global Warming

Mon's Book List

Free: The Future of a Radical Price
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Outliers: The Story of Success
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The Tipping Point
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The Long Tail
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The World is Flat
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Life Interrupted
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blink
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Only the Paranoid Survive
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Studies in Classic American Literature
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Business @ the Speed of Thought
*****

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