Help Counsel Identify Allies In Your Records And Information Management

by on July 8, 2009 · 0 Comment POSTED IN: HR Info Center

Counsel Should Be Able To Poke Holes in the Opponent’s Records and Information Management

Make sure that you help counsel identify the persons or departments that are likely to have responsive information in their records and information management. So, in this instance, have the latest employee contact information readily available. Don’t think that just because your counsel is part of senior management that they’re necessarily going to know what the latest employee contact information is. So, bring that to the table, so that it’s readily handy for them.

Identify the likely source record, including electronic information to obtain from the opposing side. So, come up with a wish list of things that you want to see from the other side in their records and information management. The information contained in their thumb drive, the information contained in their email and, specifically, what type of information are you looking to see.

Help counsel see whether skeletons of the opposing side could buried, in addition to pointing out potential flaws in the opposing sides’ records and information management system. Which is, basically, going into this issue of using the intelligence within your company to help counsel, in other words, your attorney see what could be wrong.

So, for example, if you invested in technology and before investing in that technology, you went through an RFP process where you interviewed three or four different vendors and you learned about the pros and cons of each of those vendors.

If, you learned that the other side has a vendor that you didn’t choose, because it had some severe weaknesses. Then leverage that information to help your counsel say, “Look, they adopted this technology that we rejected, because it didn’t work because of this and this and this. “Let’s hammer on that weakness and let’s try to exploit that, and, you know, who knows, it might, it might help counsel.

Edited Remarks from “How to Bulletproof Your Data Storage Strategy: New Legal Rules for Electronic Discovery” by John Isaza, Esq.

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