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Maintaining the Right Balance: Proportionality and Electronic Discovery

Product ID: CA3073D
Presented By: State Bar of Wisconsin PINNACLE

A journey to more efficient, economical discovery

The duty to preserve evidence requires a party to safeguard potentially relevant information in the face of reasonably foreseeable litigation. In many cases, the failure to comply with this obligation opens up both counsel and client to potential sanctions that can change the dynamics of litigation.

Maintaining the Right Balance: Proportionality and Electronic Discovery , will show you how to meet your ethical obligation to take affirmative efforts to preserve potentially relevant ESI and to utilize the doctrine of proportionality to drive this process, even at the earliest stages of litigation.

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OnDemand seminar

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Member $169.00

Non-Member $219.00

Upon purchase, this OnDemand program is available to view for 90 days.

Credits are no longer available for this OnDemand program.

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A journey to more efficient, economical discovery

The duty to preserve evidence requires a party to safeguard potentially relevant information in the face of reasonably foreseeable litigation. In many cases, the failure to comply with this obligation opens up both counsel and client to potential sanctions that can change the dynamics of litigation.

Maintaining the Right Balance: Proportionality and Electronic Discovery , will show you how to meet your ethical obligation to take affirmative efforts to preserve potentially relevant ESI and to utilize the doctrine of proportionality to drive this process, even at the earliest stages of litigation.

Read More ↓

Timothy D. Edwards, is the founder of Edwards Law Group LLC, in Madison, and an Adjunct Lecturer at the University of Wisconsin Law School, where he currently teaches pre-trial advocacy and trial advocacy. Tim’s practice focuses on electronic discovery consulting, business litigation and employment litigation. He can be reached at edwards@tdemadison.com.

8:30 a.m. : The Ethically Competent E-Discovery Practitioner

  • SCR 20:1.1 - Recent developments addressing duty of competence in connection with electronically stored information o Amendments to Rule 1.1
    o California State Bar opinion
    o Confidentiality Issues
  • Duty to understand the fundamental principles of e-discovery – an overview of spoliation, preservation, document retention issues
  • Duty to understand the features and implementation of the litigation hold.
  • Duty to acquire a strong understanding of technology surrounding the preservation, processing, and production of electronically stored information, including:
    o client’s information management systems, including back up and storage systems, network
    o the software and hardware programs that are used to review and process ESI
    o potential sources of accessible (and inaccessible) data
    o the meet and confer process and its relationship to competence
    o conducting searches
    o collecting and producing non-privileged ESI.

9:20 a.m. : New wine in an old bottle? Proportionality and its application to e-discovery

  • Brief overview of amendments in the state and federal system
  • Proportionality and cost-shifting in production issues
  • Proportionality in the preservation process
  • Creating a record

10:10 a.m. : Break

10:25 a.m. : Dealer’s Choice: How proportionality works in a hypothetical setting

  • Cost-shifting strategies
  • Motion practice
  • Meet and confer process

11:15 a.m. : Program Concludes

Following program start times, webcast replay schedule will vary slightly from above listed times.

  • Take a strategic approach to proportionality issues in the early stage of litigation
  • Avoid the cost and expense of “over-preservation”
  • Prevent and pursue sanctions for spoliation of evidence
  • Leverage the “meet and confer process” to protect your client’s interests
  • Civil litigators
  • In-house counsel
  • General practitioners

Book Sale – Save 20%

Wisconsin Discovery Law and Practice

Save 20% on Wisconsin Discovery Law and Practice .* Plus, all seminar attendees receive a free two-week trial of the Books UnBound® version. It's an efficient guide to Wisconsin’s discovery process that covers everything from initial discovery all the way through judicial supervision and enforcement.

Use discount code CA3073 when you order online or by calling (800) 728-7788.

*Discount applies to both print and digital Books UnBound editions of this title and cannot be applied to previous purchases. Offer valid as long as CLE credit is available for this program. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on purchase of full library.

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