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Discovery

The Ashley Madison Hack and its Lesson for Attorneys

I am going to assume that you, dear reader, had no personal information leaked as a result of the Ashley Madison hack. In addition, let’s set the curiosity response aside because, of course, who didn’t wonder that if they could look at the list would they recognize anyone? With worry and curiosity...read more

Don’t Get Caught by a Legacy System Oversight

My first computer came with a built-in 5 ¼ inch floppy drive and the new 3 ½ inch disk drive that was just out. Suffice it to say I was more than a little excited! This was a DOS based system and I thought it rocked. Of course I did what we all did with our computers back then. I backed up personal...read more

There is No Such Thing as a "Simple" Personal Injury Matter!

I’m always cautioning attorneys about the hazards of dabbling, reminding them that there really is no such thing as a “simple” will or contract. This advice is never shared with the intention of suggesting that they should avoid taking on a new matter that leads them into unfamiliar legal territory....read more

ALPS 411 Blog Digest - February 2015 Edition

Why the Use of an Engagement Letter Should Never be Optional By Mark Bassingthwaighte Engagement letters seem to be one of those documents that most attorneys intellectually appreciate the value of but often underutilize. This letter simply isn’t in consistent use day to day and the excuses run the...read more

Now You See Them! DIY Recordings of Depositions

Now You See (and Hear) Them! For all of you who have thought how nice it would be to have every deposition videoed, but did not think that the value of every case was worth the cost of hiring a videographer, here is a DIY tip worth considering. For a relatively small investment of time and money,...read more

How Much Is This Case Worth?

How Much Is That Case Worth? In consulting with clients about how to handle their ediscovery, I have learned that one of the first Early Case Assessment (ECA) questions needs to be “How much is the case worth?” It does not take long for the eDiscovery costs to mount to startling amounts. And,...read more

You Don't Need to Be Rich to Do ediscovery - Part 2

Now I See Them! Getting a handle on the various electronic files that can appear in even a relatively small collection of electronic data can be a challenge. There is a huge pot of alphabet soup for the many drawing/image/photo file types, sound and video files, various text files, different flavors...read more

You Don't Need to be Rich to do eDiscovery - Part 1

What Do I Have? “Litigants can spend upwards of $18,000 to collect, process and review a single gigabyte of data,” according to Benedict Hur and Matthew Werdegar in September 2014’s issue of Corporate Counsel in "3 E-discovery Trends You Can’t Afford to Ignore." Actually, I am sure they can spend...read more

As Legal Outsourcing Proliferates, Ethics Become More Important

The practice of law has experienced major changes over the last generation. A new associate once could anticipate spending his or her entire career with the same firm, making partner after a few years of dogged practice and then easing back to enjoy the benefits of having won the brass ring....read more

Getting It Right with Client Selection

Years ago during a visit with a solo attorney, we were discussing the importance of effective client screening when I learned that this attorney’s approach was to look at the shoes potential new clients wore. He swore that you could tell a lot about a person by their personal preference in footwear....read more

Organizing Discovery

For discovery to be useful in a case, it must be organized. One effective way to organize discovery is with an issue table. Issue tables are a way to keep track of the main issues, the elements of the claims and defenses, and the relevant evidence. Issue tables are best explained with an example, so...read more