E-Discovery Consulting

When you confront the challenge of electronic discovery, you need a few assets to complement your own skills as a litigator. Chief among them are a well-crafted discovery plan and a strong team to execute your plan. A good plan and a good team don’t happen by accident. They require expertise in multiple disciplines: law practice, discovery management, digital forensics, computer security, records management, software and hardware engineering, and other IT specialties.

If your firm has within its walls all of these resources, count yourself among the fortunate few. Nearly everyone needs a guide to help navigate the e-discovery maze – someone who has been there and done that. That’s where the Capital Legal Solutions consulting team comes in. CLS consultants are all industry veterans, some with more than twenty years working in legal technology in law firm, corporate and government environments. They know the right questions to ask, and they know how to listen when you answer. Long experience and tested consulting methodologies enable them to help you define clear goals, create the roadmap to make those goals attainable, and zero in on potential trouble spots, especially the hidden ones that can throw the best-laid plans into disarray.

Above all, they know that the point of consulting is to increase understanding – yours and theirs. With the benefit of their experience, their insight and their straight talk, you will understand the technology-related risks your matter entails, and you will have a plan to manage them.

CLS consultants are prepared to assist you in many areas, including:

• Litigation readiness: assessment of retention policies; mapping of the corporate data landscape; identification of data sources with potential litigation impact
• Preservation protocols: creation and implementation of preservation notices; temporary suspension of policies that might give rise to spoliation claims; assessment of litigation value of legacy data; strategies for managing overlapping litigation holds
• Discovery management strategies: early case assessment; identification of custodians and data sources; data collection strategy; processing and culling specifications; keywords and other search criteria; database design; design of review folder structure; review management; production strategy
• Defense of process: verification of the defensibility of e-discovery procedures
• Expert testimony: including testimony by ESI specialists who have withstood Daubert challenges.