Become a Litigation Superhero with the E-Discovery App!

Batman’s ubiquitous utility belt supplies whatever tool is needed at just the right moment. The E-Discovery App can be YOUR utility belt for these difficult times.

[Editor’s Note: EDRM is pleased to support the Chair of our Project Trustees, and Partner at EDRM’s Partner Reed Smith as he describes the E-Discovery App.]

Batman never had to face a foe quite like COVID. Most of us have adjusted—we are networked to our firms, in virtual contact with our clients, and getting more comfortable using Teams, Zoom, and other collaboration tools. What many of us miss most from the move to remote work, beyond day-to-day personal contact, is the loss of easy access to physical resources in our offices, including books and forms. Even where some of that information is available on-line, it is not always easy to find, especially with reduced staffing in file rooms and libraries and more limited access to assistance. In these circumstances, the E-Discovery App fills a big gap.

So what is the best thing about the App? Is it that you never have to reveal your true identity by plugging in any personal or company information in order download and use it? That the App is updated weekly, with new forms and tools added frequently?  That like Batman’s utility belt, it always seems to have just what you need when you need it?  Or that the App is as free as Batman is, after he escapes from an arch villains trap?!

Do you need to look up a rule? Just pull out your smartphone, or click on your App bookmark, and—SWOOSH!—there, under “Selected Rules,” are convenient links to the Federal Rules of Civil Procedure, Evidence, and Professional Conduct—not to mention the state rules of civil procedure for all 50 U.S. states.

Is it time to draft a legal hold notice, or a Rule 502(d) non-waiver order, but don’t have a form handy?—KAPOW!—Click on “Sample E-Discovery Forms” in the App and you have curated forms to serve as your starting point.

Has your client reported they have 200 GBs of documents and they want you to use TAR? —BANG!—estimate how many documents that is from the “ESI Rules of Thumb”; then—BAM!—figure out what “TAR” is via the E-Discovery Glossary; then —THWACK!!—contact one or more of the 50+ solution providers listed in the “Solution Provider Directory”—in this battle, they can help you even more than Robin can!

You could say that the E-Discovery App is a library and forms file that is always with you on your phone—even more handy than having to strap on a utility belt—but the App really is much more than that. It is unlikely that your personal library and forms files are as well-organized, well-curated, up-to-date, and complete as the e-discovery resources available at your fingertips on the App. Sure, you could “call Alfred” looking for what you need, or you could do your own internet search to find some of the links or forms on the App. Most of the time, however, the App will save you time finding what you are looking for while providing some “best in class” resources that can serve as starting points for your legal drafting. Some of those resources and forms were developed in the Reed Smith “App Cave,” and others are work product collaboratively developed by leading professionals in the field, including EDRM Project Team members (listed in the “Contributors” section of the App).  Other resources, such as the E-Discovery Job Board, are linked from EDRM or other leading e-discovery websites. There are even links to on-demand webinars covering a wide variety of litigation discovery topics.

So what is the best thing about the App? Is it that you never have to reveal your true identity by plugging in any personal or company information in order download and use it? That the App is updated weekly, with new forms and tools added frequently?  That like Batman’s utility belt, it always seems to have just what you need when you need it?  Or that the App is as free as Batman is, after he escapes from an arch villains trap?!

Batman always used the latest technology to support his superhero ventures. Now you can become a litigation superhero yourself, by taking advantage of the App technology and all that it has to offer. Even after this COVID enemy is defeated you are likely to be hooked, and frequently find yourself turning to the App to deal with any adversary—it is a utility that you will never want to be without!

Author

  • David R. Cohen

    David R. Cohen is a Partner and chair of Reed Smith’s Records & E-Discovery Group. He has 30 years of commercial litigation experience in a variety of subject matters. David serves as special e-discovery counsel in many cases, represents companies in complex litigation matters, and also counsels clients on records management and litigation readiness issues. David is also the Chair of our EDRM Project Trustees.