Michelle Kovitch

Are you one of many that are struggling to attain eCompetence™? Your goal is to be compliant, but you’re just not sure how to get started?

Have one or each member of your litigation team fill out this online assessment and figure out your strengths and weaknesses in regard to eCompetence™.

Please take your time, there are 50 questions. We will contact you to schedule a complimentary consultation to discuss the results.

Name Business Email Phone Number
If given the opportunity, could you approach your liability carrier and document your efforts to limit liability and risk due to your level of technical competence?
Do you know if the state(s) in which you practice has adopted, rejected, or ignored the ethical duty of technical competence?
Do you know if your local bar association has adopted, rejected, or ignored the ethical duty of technical competence?
Do you know what the American Bar Association, “ABA” means by “maintaining competence”?
Despite what the state is or is not requiring with regard to what you “shall” do with technical competence, where do “you” want to be?
Would you be more inclined to participate in continued education regarding technical competence if you were in a private learning environment?
Do you understand the principles addressed by Information Governance?
Does your corporation or client have employees or a department that understand and execute a system that results in data compliance?
Does your corporation or your client have processes in place for information governance?
Does your corporation or your client have processes in place for handling a litigation event?
Does your corporation or your client have processes in place for handling electronic discovery?
Can you describe the retention/destruction policy for your corporation or your client?
Can you describe the disaster recovery/data backup plan for your corporation or your client?
Do you understand the differences between computer networks, shares, clouds, and examples of removable media?
Would you recognize a data map?
Does your corporation or your client have processes in place for preservation?
Does your corporation or your client have processes in place for automated litigation holds?
Does your corporation or your client have a toolkit of custodian interview questions available for customization?
Does anyone in your organization maintain a chain of custody log and if so what information is captured in the event of possible spoliation?
Can you name three to five things to equip yourself in terms of ESI discussions for a successful meet and confer demonstrating cooperation and saving costs?
Based on your knowledge about preservation, are you able to create a list of defensible objections (not boiler plate) you might foresee?
Is it your opinion that threat of electronic discovery against an uneducated and unprepared opposing party provides a powerful negotiating tool?
A meaningful discussion on ESI during a Meet and Confer results in cooperation and cost savings.  Name at least three (3) things to know and tell that will result in a successful meeting.
In terms of electronic data, are you comfortable with the different methods of data collection and the pros and cons associated with them?
Is it acceptable for your client to simply forward their email to you as a collection method?
Are you familiar with the different file formats that can be delivered as part of a collection?
Do you understand how to speak in terms of Bytes?
Do you have a necessary understanding of the types of volume of data involved before you make blanket objections, representation or commitments to the client, opposing counsel or the court?
If necessary to guarantee the integrity and authenticity of a collection, have you identified outside experts that can be of assistance?
Do you have in-house experts credentialed in the art of collecting evidence?
Can you explain the difference between deduping across a data set vs. per custodian?
Do you understand the benefits of OCR as compared to metadata?
Are you familiar with the concept of clustering?
Once you have developed a guideline for processing data, do you believe the same approved standard should be used for all matters?
Is a forensic analysis of the evidence always necessary, or even a good idea?
Are you familiar with and have an understanding of the following terms:  syntax, queries, connectors, filters, clustering, or conceptual searches, threading, near dupes, and predictive coding?
Since the Federal Rules of Civil Procedure require transparency – do you have the knowledge related to ESI workflows to provide that transparency?
Do you have enough familiarity with the different TAR workflows to make a recommendation to your client?
Since proportionality is important, have you taken the necessary steps to incorporate the relevant technology in an effort to reduce costs and pursue the important issues for which your client sought your services?
Have you seen an effect as a result of incorporating technology into your review practice that you can market your services to your clients?
Do you have a practical understanding of the benefits of a native production vs. searchable PDF?
Outside of a PDF file, can you speak to other forms of production and the benefits they might provide in terms of review?
Would you be comfortable arguing to either opposing counsel or the court as to why the discovery was not produced in a reasonable format?
Is a PDF file consisting of 20,000 pages considered “native” file format?
Do you ever take advantage of the Rules of Federal Evidence, more specifically Rule 502?
As a corporation, do you have the tools to export data in the format requested by local counsel or are they required to manipulate the data for importing into their own platform?
Are you equipped to examine the file formats of a production from opposing counsel and challenge it if necessary?
Are you comfortable with technology that allows the legal team to quickly and efficiently mark or tag the information identified as an exhibit?
Is it important to have access to the courtroom ahead of trial in order to survey the room and explore any skepticism the judge might have about trial graphics and the use of electronics?