Watch the video above for an overview of course material.
This one-day course, comprised of 10 modules, provides students with the ability to successfully apply e-discovery and technology knowledge to real-world situations.
Upon completion of the course, students are eligible for LTC4 eDiscovery Core Competence Certification.
What is eCompetenceTM?
Understanding the Complexities of Electronic Discovery
Understanding the Risks and Benefits of Relevant Technologies
Communication, Cooperation, Collaboration
Identifying and Implementing Protocols, Best Practices and Streamlined Workflows
The Benefits of eCompetenceTM
Compliance with ABA 1.1
Nine Competencies for the Legal Team
Legal and IT Collaboration
Skills for Becoming Litigation Ready
Defensible, Repeatable Processes
Meet and Confer Preparedness
Competitiveness in the Legal Market/Industry
Each module within the course establishes an infrastructure to build defensible, repeatable processes. We provide 25 checklists and cheat sheets available with the associated material. Click here to download a summary of the available reference materials.
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eCompetence Standards Essentials
00: Introduction to eCompetence(TM)
An introduction to new terminology, your instructors, the Electronic Discovery Reference Model and an overview of the course and reference materials.
01: Initial Assessment
During the initial assessment, we will walk you through understanding the basic concepts of the “Who, What, When, Where and Why” of electronically stored information. The Attorney’s duties and responsibilities will be highlighted as we go through the step of building the team, documenting your processes and establishing a tangible workflow.
02: Identifying Custodians
This competency requires establishing relevant custodians. Together we’ll break down and identify required interview questions. This process will serve as the basis for your workflow and template allowing these concepts to be incorporated into your practice.
03: Client ESI Systems & Storage
This module assists the attorneys and their staff in providing not only an understanding of security policies but also a path for exploring ESI systems and storage plans, cloud storage, emails systems, and other shared resources. At the same time, checklists and cheat sheets will be incorporated to survey the data and develop talking points to be addressed between the client and counsel.
04: Power of Searching
In our experience, litigators and their staff do not recognize the power of searching, the variety of searching techniques that can be used or how to use them independently or iteratively across the life of a case. There is an “art” and a “science” to searching. This module provides the students with real life “aha” moments using relevant technology that will aid them in early case assessment, early data assessment, and techniques for reducing litigation costs.
05: Options for Smart Preservation & Collection
The rules provide that attorneys should be familiar with the risks and benefits associated with relevant technology. The previous modules and workflows developed thus far will serve as building blocks to form defensible data collections. This module not only exposes the attorneys and their staff to technologies but prepares the team to identify the steps that must be addressed and documented as part of this process.
06: Executing Preservation
Preservation requires that the attorney and the client work hand-in-hand in order to meet the requirements and standards the courts have established. “Preservation Ready” stems from a collaborative effort to examine the policies, data, sources, and custodians. In this module we’ll explore these areas attaining eCompetence and developing the skills to navigate through the variables associated with preservation. These skills provide the tools for compliance.
07: Sound ESI Collections
Earlier in the curriculum students gain eCompetence to understand the various options available for preservation and collection. This knowledge serves as the infrastructure to execute a sound collection while preserving the integrity of the data, addressing spoliation issues together with the pros and cons of various forms of production.
08: Review & Analysis
The 9 competencies stated within the CA Bar Opinion cover a wide scope of information related to competence relevant to breaking down the complexities of working with eDiscovery together with the risks and benefits of associated technology. It does not, however, address review. This is sometimes the most costly phase of the life cycle of a case. As such, we’ll walk through the various industry leading tools and features that propel you into review and reduce litigation costs.
09: Cooperative Exchanges
In the Advisory Committee Notes to Rule #1, there is an explicit reference to cooperation. In order to determine the most beneficial format of production in terms of being useful and timely, the parties must understand various production formats. The competency requires a recognizable format but that doesn’t necessarily mean it is the most appropriate format. In order to attain eCompetence in this area, it is necessary to take a deep dive into the various formats of a production and take proactive steps in preparing a quality and timely production.
10: Meet & Confer
“Meaningful” meet and confer – this module successfully transfers the knowledge for you to enter these discussions locked and loaded with information gleaned from your client with regards to exploring discovery issues such as volume, custodians, and data sources. This new eCompetence provides a knowledge base to identify how the data will be exchanged, address discovery challenges, and prepare a discovery plan. The information gathered arms the team to make recommendations, reduce costs, and convey supporting facts to the court.