Evaluating the Electronic Discovery Capabilites of Outside Law Firms: A Model Request for Information and Analysis  To learn more, click here |
Discovering Your E-Discovery Capabilities—Our Services for Law Firms
The Waters Edge Model RFI challenges law firms to develop and implement professional legal services that are responsive to the complex economic, technological and legal realities facing their clients in a 21st century digital, global marketplace. At Waters Edge, we are prepared to assist law firms make the required institutional changes quickly and responsibly. Our goal is to assure each law firm is able to demonstrate a defensible standard of care to their clients.
Each law firm is different. We listen to law firms carefully in order to benchmark their current readiness and develop a service plan that is appropriate to their practices, their IT systems and the needs of their clients.
Assessment and Design
For law firms, we evaluate existing practices against our unique reference models, which integrate technology, business and legal standards into comprehensive assessment tools. Those tools also enable us to rapidly develop documented recommendations for change.
Evaluate existing IT operations
We can assess a law firm’s information security controls against published standards, particularly with respect to the receipt and management of electronically stored information relevant in litigation or enforcement actions.
Evaluate existing records management practices
We can assess a law firm’s own internal records management practices against published standards and practices, with a special emphasis on the long-term storage and disposition of client communications and electronic records received as potentially relevant evidence.
Evaluate E-discovery maturity
We can assess the practice capabilities and processes within a law firm for addressing E-discovery issues and managing electronically stored information. We can evaluate the suitability, from a technology and records management perspective, of practice support tools (such as interview checklists, model preservation instructions, etc.).
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Training Services
Our training curriculum for law firms delivers focused training, scaled to be appropriate to the level of involvement of lawyers and professional staff with e-discovery legal services. Within our in-depth classes, our training materials equip lawyers with practice support tools that accelerate their confidence and increase their technology awareness.
All of our training courses can be provided as in-house, live and confidential programs and, if requested, are also available as online web-based programs. CLE accreditation will be obtained, when available under local rules, through the Georgetown University Law Center CLE Program.
Our 2006-2007 courses (generally available as one-half day or full day programs, including workshops and exercises) include:
The Business of E-Discovery
A two-hour briefing for partners and senior management that examines the Model RFI’s structure in detail and discloses the roadmap for best practices embedded within its provisions.
Asking the First Questions
An in-depth explanation of the interview topics and lines of analysis required to initially gain an understanding of a client’s IT systems, records management practices and capabilities to execute preservation programs.
Understanding Records Management Policies and Practices
A detailed review of prevailing standards, best practices and real-world business experiences (good and bad), and strategies for affirmative and defensive practice management.
Designing and Evaluating Corporate Records Hold Programs
A systems-driven examination of the procedures companies must execute to comply with preservation holds in litigation, taking full account of the case-related risks, including a structured, defensible methodology for developing effective preservation hold instructions.
Understanding Emerging E-Discovery Technologies
A review of the existing products and services available to electronically review corporate electronic archives, backup tapes, computers and other devices, and the strategies for employing the right technologies for the right case.
Our training for lawyers does not just teach the law—each of our courses integrates substantive knowledge regarding information technology, information security, records management and, of course, applicable rules, case law and published standards.
Case-Specific Practice Support
The Waters Edge team is available to assist law firms on case-specific projects, whether in helping evaluate a client’s systems and processes or designing strategies against adverse parties. We also offer continuing, subscription-based, updates on how developments in technology and the law impact their e-discovery practices. Please contact us for more information on the details of these services.
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Implementing the Model RFI—Our Corporate Services
The Waters Edge Model RFI enables companies to evaluate their outside law firms through a rigorous, detailed methodology. To assist, we have packaged several services together to assist companies maximize the value of using the RFI with their outside law firms.
Assessment and Design
The effective management of legal risks associated with electronic discovery requires strong partnering between a company and its outside law firms. Our services leverage the Model RFI to assist a company to assemble the most appropriate results. We employ our unique, standards-based reference models, enabling a company to document with confidence the due care exercised in addressing these issues:
Evaluating Law Firm Responses
Together with the Model RFI, Waters Edge has built evaluation tools that can be employed to evaluate the responses submitted by law firms. Using these tools, we support corporate teams in analyzing law firm responses and objectively assessing the completeness and technical proficiency of the information provided.
Evaluating Internal Records Hold Programs
We can assess a company’s existing records hold programs and resources in order to identify points of legal vulnerability, as well as opportunities for developing improvements that assure a defensible standard of care is achieved across a company’s records management and litigation procedures.
Our services also include:
Two-day litigation readiness workshops
That develop rapid insights into current practices, in order to identify areas of high vulnerability that can be targetted for immediate improvement.Detailed program assessments
To evaluate existing policies, technologies, security controls and preservation and electronic production methods—and new program designs, developed to assure compliance with published standards, best practices and applicable legal rules.
Training Services
Our e-discovery training curriculum is designed to support a company’s existing records management programs, as well as accelerate internal awareness of the need to develop improved procedures and controls.
All of our training courses can be provided as in-house, live and confidential programs and, if requested, are also available as online web-based programs. Our 2006-2007 course catalog includes:
Evaluating the E-Discovery Capabilities of Outside Law Firms
This management-level briefing explains the objectives and benefits of completing an RFI process addressing e-discovery and outlines the key strategic areas for improving a company’s control of the related legal and economic risks.
Understanding the New Federal Rules
This course delivers to a company’s team members a detailed analysis of the new Federal Rules, as well as an analysis of what can be expected from adverse counsel (or regulatory agencies); the course includes the analysis of several mock scenarios and possible offensive and defensive strategies.
Designing and Operating Records Hold Programs
This course reviews the Waters Edge Reference Model for Records Hold Programs and provides a detailed analysis of the published standards, best practices and applicable legal rules that should be considered in designing and operating internal records hold programs.
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