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          and Trial Notebook! Trial and Deposition Legal Forms and Checklists for Lawyers: LTF

eData litigation forms: "Making Good Lawyers Better"Lawyer-Built, Lawyer-Friendly
Electronic Data Deposition and Litigation Tools.  Deposition Outline Checklists, Litigation Hold Letters,
and Usable e-Evidence Techniques.

Experience even more ways to make litigation easier.

Now you can save hours of time. Use available superior litigation hold letters, deposition outlines and trial questions checklist forms, and mentoring tips involving electronically stored data. 

Use the links below, for legal forms in this electronic discovery / e-data category.
Client Litigation Hold Adversary Lit. Hold Meet & Confer Report Clawback Agreement E-data Discovery Depo Computer Inspection

E-discovery is easier and better if you start with forms developed by LawyerTrialForms.  Deposition outline checklists, litigation hold preservation letters, and usable e-evidence tips for electronic data discovery preparation, depositions, and e-evidence in litigation, and more. Battle-tested tips, forms, and ESI (electronically stored information) e-discovery / e-data tools. Experience even more ways to make ESI litigation easier.

Preserve electronic evidence with a litigation hold preservation letter.# ELEC3320. Litigation Hold Letter to Client.  Tell your litigation your clients their obligations to preserve evidence, including electronic evidence.  Designed to give a psychologically effective path to communicate the serious nature of the client's obligation to preserve evidence, this letter guides clients so they do not make critical - but common - mistakes. A three page single spaced letter of client advice. Don't be accused by the judge of failure to preserve evidence! Read more or buy.

Effective e-discovery starts with a demand for preservation.# ELEC3321. Litigation Hold Letter to Adverse Attorney.    This is a three page checklist form letter to use in demanding evidence preservation.  It's an important letter in today's e-data and metadata litigation, where an e-mail may be critical.  The suggestions these separate demands make in the letter will lead you to think clearly on what may be available to you if you use e-discovery to find electronically stored information, including the meta data. Read more or buy.

Fed. Rule 16 requires a meet and confer conference on e-discovery.#  ELEC22. Meet and Confer Report. The federal and most court rules require you to meet the adverse counsel and report what you have done in forming a plan for e-discovery. The checklist style report allows you to sit down with adverse counsel and stand up later with your form report check marked and ready to use for your report to the court. Read more or buy
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Do you want to preserve your client's priviledged information?# ELEC3323. Clawback Agreement.  Be relaxed during e-document disclosures. Don't waive your client's privilege or your work-product protection by inadvertently producing a protected document in a mass of electronically produced information.  Today's rules provide for clawback agreements, but it is up to you to draft the agreement, and to and secure adverse counsel's signature. Do not waste time drafting when a form propels you to a finished document in a few minutes. Read more or buy.

A deposition to find corporate electronic evidence needs a checklist outline.# ELEC3324. Checklist for Electronic Data Discovery Deposition.  You have learned to love checklist outlines for deposing the substantive fact witnesses. This outline of questions to ask the adverse party's "computer person" has all the same advantages  Designed for an attorney taking the deposition of a corporate employee or officer in regard to the electronic records of the corporation, but equally valuable if you are the responding attorney (As responding counsel use this checklist t for preparation of your client witness who is being deposed, to assure that you and your witness have thought about the items likely to be asked). Read more or buy.

(For more deposition outline checklists in various substantive fields, see our Product Catalog.)

Solve arguments before they start!# ELEC3325. Protocol for On-Site Inspection of Electronically Stored Information. If there is an on-site inspection of either your client's or the adversary’s computers or electronically stored information,  meet with the adverse attorney and your IT (information technology) person to arrange the details of the inspection protocol. This protocol checklist from helps settle the details that prevent nasty and time-consuming arguments when the inspecting party arrives on premises to inspect for ESI (electronically stored information). Read more or buy.

Engaging in eDiscovery (discovery of ESI) is no longer an option in the 21st century. 

"Because of their ubiquitous nature, documents stored in electronic form...should be specifically targeted by counsel in developing their discovery plans.  Failing to do so may not only prejudice their case, but may also constitute malpractice."
       Michael R. Overly, Civil Discovery Practice 3rd Ed., Vol. 2, p 711.

Using ESI as evidence at trial is no longer an option in the 21st century.

"[Electronic data]...can be as important in the slip and fall or divorce case as in intellectual property or antitrust litigation.  Electronic data, information, and evidence permeates our lives.  Many records are created in electronic media and are never converted to hard copy.  Consequently, all lawyers must have a basic level of understanding an appreciation of the importance and nature of electronic records and information as well as the unique issues e-data raises in litigation....Any litigators who believe their practices doe not involve electronic data are in denial and inviting malpractice claims.  Those who fail to consider it are ignoring a fertile source of vital evidence."
     Richard E. Best, California Litigation, Vol. 18, No. 2., p. 28 (2004)

Electronic discovery [also called e-discovery or eDiscovery or EDD (Electronic Data Discovery) or discovery of ESI (Electronically Stored Information)] refers to any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a lawsuit.

Digital data is well-suited to being investigated. Digital data can be electronically searched with ease, whereas paper documents must be scrutinized manually. In the process of that electronic search (and in reviewing your own client's records), you will find electronically stored information (ESI) of all types that can serve as evidence at settlement or trial. This can include text, images, calendar files, databases, spreadsheets, audio files, animation, Web sites, and computer programs.  Electronic mail (e-mail) can be an especially valuable source of evidence in civil or criminal litigation, because people are often less careful in these exchanges than in hard copy written memos and postal letters. 

LawyerTrialForms has legal forms for lawyers in the 21st Century.  That means deposition checklists, and form letters, and practice outlines that help you in finding, controlling, and using edata and meta data.

Forms are a mentor in a box -- guiding you and preventing mistakes. Buy these  forms and enjoy an economical way of having the information and checklists you need in your litigation practice.

Click on these links for available forms in this category.
Client Litigation Hold Adversary Lit. Hold Meet & Confer Report Clawback Agreement E-data Discovery Depo Computer Inspection

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The legal forms of LawyerTrialForms.com are intended only for attorneys and their legal assistants.  They are intended to further our business vision statement of  "Making Good Lawyers Better".  The forms in this section of  the catalog involve issues of electronic evidence in discovery, litigation, settlement, and trial. Search in this section  for items involving electronic data, ESI depositions, e-data in discovery, e-evidence in trial, litigation hold preservation letters, electronically stored information discovery (aka e-discovery), and clawback agreements regarding waiver of privilege. The deposition checklists are outlines of questions.  The other legal forms in this section are designed as not only checklists of items, they also serve as mentoring devices in this electronic data, e-discovery age.