Attorney Coaching

Our lives on the whole are becoming much more data driven. Email dominates most business correspondence and nearly all forms of business activity are tracked and recorded via some digital medium. Most home computers contain detailed information about the owners’ financial and social activities. Smartphone and social media usages create lasting trails of work and personal activity and behavior.

Given all this, it’s not surprising that ediscovery is playing an increasingly important, sometimes dominant, role in discovery practices. This has created significant challenges for attorneys that lack technical training. If you or the attorneys at your firm find yourselves often asking the below questions, you can benefit from Orrery’s specialized ediscovery coaching:

  • How should I prepare for a 30(b)(6) deposition focusing on a party’s IT systems and/or record retention policies?
  • I am drafting a motion that requires accurate and simple explanations of a party’s IT systems, how can I get help in drafting such language?
  • I have an upcoming oral argument regarding some ediscovery issues, where can I go to get some effective demonstratives and coaching regarding explaining the involved IT platforms?
  • One or more parties in my lawsuit have complex information systems:
    • Where can I go to get some consulting help in understanding those systems?
    • How do I identify and confirm the preservation of “at risk” data that may be lost via automated processes and standard business operations?
  • How can I make sure a party is preserving and producing all its relevant email?
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Attorney Coaching Areas

Orrery can coach attorneys thru any phase of ediscovery practice. Our specialized coaching includes but is not limited to:

26(f) & Like “Meet & Confer” Prep

Ideally, Meet & Confer dialogue begins prior to the actual meeting. Parties that pre-establish expectations and meeting topics maximize the benefit of the actual Meet & Confer. Orrery will help you develop a checklist of Meet & Confer topics specifically tailored to the nature of your case. If any of the topics involve unfamiliar technology, Orrery will coach you up on that technology so that you can effectively discuss it at your Meet & Confer.
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30(b)(6) Prep

30(b)(6) depositions focusing on parties’ IT systems and records retention policies and practices are becoming quite common place. Orrery familiarizes attorneys with the data systems and/or records retention practices specific to a given 30(b)(6), putting the attorneys in the best position to effectively represent and/or depose the involved deponent.
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Prep for Discovery Motions & Oral Arguments

eDiscovery motions practice presents a particular challenge to non-technically proficient attorneys. Descriptions of the involved technologies and proffered courses of action must be technically accurate but must also be written or spoken in a fashion that the court is sure to understand. Orrery has over a decade of experience assisting attorneys in translating technical jargon into simple and effective language.
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Discovery Requests and Responses Involving Complex Data Sources

Initial discovery requests usually involve broad ranges and categories of data and documents. As discovery progresses in any given case, quite often complex data sources are identified that cannot be produced en masse. Orrery analyzes such data sources and helps requesting or producing parties craft customized requests or responses that efficiently address and resolve the complexities of the involved data source.
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Understanding Complex Information Systems and Networks

Representing or opposing a party with complex information systems can be very challenging for non-technical attorneys. An initial analysis of the involved network/systems can identify all likely locations of potentially relevant data. The analysis can also identify pockets of potentially relevant data that likely are at risk of loss due to automated processes and standard business activity. Orrery provides attorneys with the above analysis and solutions for protecting at risk data.
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Identifying & Preserving “At Risk” Data

Today’s business entities control information systems that shed data thru automated processes and administrative practices. What happens to an employee’s email, network data and computer when an employee leaves the business? When an employee receives a new computer, does a documented process insure that all the employee’s working data is transferred to the new computer? Orrery educates attorneys so that they are able to insure the parties they represent and oppose are adequately preserving “at risk” data.
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Reviewing & Implementing Preservation Practices

Orrery assists attorneys in analyzing the adequacy of opposing parties’ preservation practices. Orrery also provides training to attorneys’ clients to insure the clients have invoked effective and defensible preservation practices.
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Email – Identifying & Preserving

Today’s business entities are awash in email. Quite often, this email is spread across a given entities’ information systems: Email can be found on email servers, in email archiving solutions, on individual computers, in network space and on external storage media (e.g. flash drives and external hard drives). Orrery’s coaching provides attorneys the technical knowledge to be able to identify the locations and character of all email in their clients’ and oppositions’ information systems.
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Interpreting Records and Data Retention Policies and Practices

Does a given entities’ record and data retention practices meet its record and data retention policies? Invariably, the answer to this question drifts into areas of technical processes that require some degree of technical knowledge. Orrery educates attorneys so that they can identify parties’ actual data retention practices.
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