November 23, 2010
Last week I interviewed West author Jay Grenig. His recently published eDiscovery treatise covers many facets of eDiscovery practice.
As a Reference Attorney my first question was what strategies he uses to research this issue.[audio:http://westreferenceattorneys.com/wp-content/uploads/2010/11/Grenig-Interview-Research.mp3|titles=Grenig Interview Research]
Professor Grenig, provided several examples of searches he finds useful, but focused on using secondary sources to begin your research. Specifically, how browsing the Tables of Contents of relevant treatises will provide an overview of the issue, useful search terms, and provide references to the leading cases. Here is an example from the Table of Contents for his treatise, eDiscovery & Digital Evidence (EDISCOVERY)
eDiscovery from Multiple Sources, Including Social Media:[audio:http://westreferenceattorneys.com/wp-content/uploads/2010/11/Grenig-Interview-eDiscovery-Sources.mp3|titles=Grenig Interview eDiscovery Sources]
I asked Professor Grenig about the scope of discovery requests when considering that relevant materials may be scattered across numerous servers, mobile devices, email accounts, instant messages and social media services like Facebook. He outlines techniques for effective discovery requests and provides guidance for potentially producing parties to manage information and develop policies which allow them to efficiently respond to eDiscovery requests.
Teaching eDiscovery in Law school and when Practitioners Need an Outside Consultant:[audio:http://westreferenceattorneys.com/wp-content/uploads/2010/11/Grenig-eDiscovery-in-School-and-practice.mp3|titles=Grenig eDiscovery in School and practice]
Finaly, Professor Grenig discusses the need to teach eDiscovery principles in Law school and to recognize the limits of lawyers technical savy to help determine when an outside consultant should be retained.