In August, 2008, the Litigation Section of the California State Bar distributed to members its E-Discovery Pocket Guide which identifies specific issues and topics of which every California litigator, if not every lawyer, must be familiar and conversant. It includes ESI topics to discuss with clients, topics to discuss with opposing counsel at the meet and confer conference, and topics to cover in the initial case management conference with the court. The one page brochure is not exhaustive but illustrative of common issues and topics facing most civil litigators and courts.
The contents of the Pocket Guide appear below. A brochure version (opens in new window) that duplicates this information is also available.
Do you have a working knowledge of the following concepts that today’s litigators must understand?
Some of the best resources are free or inexpensive and available on the Web. There is an abundance of CLE programs available from the Sections of the State Bar and other CLE providers. E-discovery is a team effort and relationships with non-lawyers will be invaluable. Your client, office assistant, or IT department is a resource.
Articles & Key Cases
“E-Discovery Basics”California Litigation: The Journal of the Litigation Section, State Bar of California, August 2005
Dodge, Warren & Peters Ins. Services v. Riley (2003), 105 Cal.App.4th 1414 [preservation order &
forensic exam of electronic storage media]
Toshiba America Electronics Components, Inc. v. Superior Court (Lexar Media, Inc.)(2004), 124
Cal.App.4th 762 [cost shifting]
Zubulake v. UBS, 229 F.R.D. 422 (S.D.N.Y. 2004) [1 of 5 opinions in most famous e-discovery case]
C.C.P. Sections 2031, 2016, 1985 et seq., 1985.3-.6
C.R.C. Rules 3.724-3.728 [case management of discovery: meet & confer, statement, conference, & order]