Please find to follow a summary of the educational workshops programme that we offer.
All workshops are delivered by John Lapraik, an ex-partner of Kennedys. John is a Lawyer (Solicitor) and Consultant at Millnet. John has over 30 years’ experience as a lawyer handling commercial disputes. John is unusual in also having significant IT skills that allow him to act as a bridge between clients, lawyers and IT experts and regularly provides presentations, seminars and training on ediscovery to law firms.
Our workshops are held at your firm’s offices and are ideal as a breakfast briefing, over a lunch break or as part of a firm or practice area meeting. If you are interested in any of the following workshops, please contact your account manager who can assist you further.
A practical approach to eDiscovery
Our educational workshop focuses on navigating the process of how to approach a new matter that may require ediscovery in a world that increasingly relies on electronic rather than paper documents and provides a practical approach to the challenges that lawyers face.
The workshop delivers practical guidance and ‘war stories’ with examples of good and poor practice in the context of ediscovery. In brief, the workshop covers:
- The fundamentals that underpin the ediscovery process
- How to defensibly identify, preserve and collect electronic data
- Preparing a defensible strategy
- What to discuss with the other parties and the Court
- Costs and the issue of proportionality
- Common pitfalls in the ediscovery process including:
- Searching data in ways that are not reliable or legally defensible and;
- Collecting data in a way that is either not legally defensible or runs the risk of corrupting the data collected and;
- Agreeing keywords too early before testing them on the data
eDiscovery – Case Study Workshop
As the dust settles following the implementation of the Civil Procedure Rules for e-disclosure, we have seen a jump in enquiries across a wide range of law firm clients requiring assistance with assessing electronic disclosure approach, costs and tactics ahead of the first Case Management Conference (CMC), completing the Disclosure Report and Electronic Documents Questionnaire.
Drawing on practical experience, we have created a customisable scenario based workshop intended to provide an interactive forum to focus on practicalities and tactics.
The session will cover:
- Preservation advice
- Questioning witnesses to find out what they did
- Questioning IT to get a feel for IT infrastructure and volumes
- Is e-disclosure appropriate / proportionate?
- Issues with “DIY searches” – care needed and an appreciation of the shortcomings
- Issues with “DIY investigations” – care needed to avoid compromising the case
- Issues with “DIY collections” – care needed to capture and preserve electronically stored information
- Consideration of facts and what is appropriate e.g. the possible merit of early collection
- Liaising with Court and other Parties, working through N263 / EDQ / Meet and Confer steps to establish which “menu” option is appropriate and how to constrain costs and ensure proportionality
- The limitations with prematurely agreeing keywords and understanding that they range from the good (email address) to the potentially inefficient (“delay” “warranty” “fraud”)
- Have a strategy to review large volumes
- Have a plan to ensure that other parties follow agreed strategy
We suggest the session is run over a lunch hour and between 8 – 12 attendees is ideal as we want to encourage an interactive setting. If attendees are from the same team we would be able to create a case study that is suitable for the types of cases your team are instructed upon.
Advanced Forensics / IT seminar
This workshop focuses on the electronically stored information involved in an ediscovery case and ensuring that it is identified, preserved and collected in a defensible manner.
The session will cover:
- Where is data found and how do computers create and store data?
- Deleted data – does this concept exist?
- File systems
- Data Encryption
- Practical data capture
- Examples of retrieval (faking emails, creation date, internet history, journaling)
Efficient Review Strategies and Technology Assisted Review
Relativity Analytics (clustering, keyword expansion, email threading and near-deduplication) and Technology assisted review (also known as predictive coding) are techniques that harness technology and they can deliver significant cost savings. This workshop sheds light on when and how Relativity Analytics and Technology Assisted Review can be used on edisovery cases to streamline the review process.
The session will cover:
- how email threading, conceptual clustering and keyword expansion assists with making the review process more efficient
Technology Assisted Review:
- Save when dealing with really small volumes of material or when working on a matter that has a very strong “linear” timeline it does not make sense to be conducting first pass relevance reviews by working through material in date order.
- Significant efficiencies can be gained by grouping similar material and batching it out to designated review team members. Even then, there comes a point (generally in cases where there aren’t convenient keywords that allow you to home in on the relevant material efficiently) where the traditional approach of using keywords breaks down: the bottom line is that a reviewer cannot “eyeball” and categorise more than around 1,000 documents per day at best
- Faced with ever increasing volumes, Technology Assisted Review is an approach that involves a lawyer training the system by reviewing around 8,000 documents and then letting the software “learn” from those documents and apply that learning to categorise documents – regardless of the number of documents involved
- The software can be used in a variety of ways and our prediction is that it will be used in EVERY ediscovery case within five years
- To be used defensibly practitioners need to understand the basic statistical concepts that underpin the software
“It was a small enough group to discuss properly: the fact it was our firm only meant everything was relevant to our needs. It was extremely practical”
“I enjoyed the interactive nature of the workshop and felt that the presenters did a good job of keeping the discussion on track without limiting anyone’s questions/comments”
“I was able to take away six practical points to use and refer to in the future”
For further information or to schedule a workshop, please contact your account manager or complete the contact form.