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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!
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# 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.
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# ELEC3322.
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. This 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.
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# ELEC3323.
Clawback Agreement
PLUS Court Order. Be relaxed during e-document disclosures. Don't
waive your client's privilege or your work-product protection by inadvertently
producing a protected document when you turn over either paper or electronically
produced information during discovery. Today's rules provide for clawback
agreements to protect your client -- and you! But you need to have your
agreement with counsel incorporated into a court order, to avoid some real
problems down the road. Do not waste time drafting when our four page discussion
of law and four page form propels you to a finished document in a few minutes.
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# 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).
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(For more deposition outline checklists in various substantive fields, see our
Product Catalog.)
# ELEC3325.
Protocol for On-Site
Inspection of Electronically Stored Information. A court or a
discovery device may allow inspection of a computer or other ESI device.
You must then proceed to decide upon the mechanics of
who is to operate the ESI device and how it is to be done, and who is to be
present. The on-site mechanics needs to be agreed upon, If there is
an on-site inspection of either your client's or the adverse parties ESI
devices --- you need to meet with the adverse attorney and your
IT (information technology) person to arrange the "what we will do on site" 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).
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ELEC4626.
Agreement or Order for Expert to Examine and Report ESI Contents.
There is a lot to consider when you suggest a joint expert do an
examination of computers, retrieve data, and thereafter report what
is in the computer. This legal form is the place to start drafting a
first-class agreement (or proposed order) for an expert to examine
computers and report the contents. Look at 21 areas of potential
disagreement and the resolutions made in this form!
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ELEC4529. Agreement or Order for Imaging Computers.
Immediate forensic imaging of computers may be your best
money-saving and the best spoliation-prevention option. Use this
form to get imaging of ESI at the start of litigation. You gain a
"frozen image" in the hands of an expert who can testify to
foundation and chain of custody to the evidence you later find and
use from that image. This protocol works whether you are doing the
imaging by agreement of the parties, by court order over the
objections of the adversary, or by your own directions to your own
expert. (If you want an agreement or order for
examination of the contents of the ESI device, searching for
keywords or specific documents, and then reporting what is found,
see our form #ELEC 4626, noted above.)
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ELEC4530. Agreement or Order for Inspection of Forensic Image
Previously Made of Computer or Other ESI Storage Devices (Yours or
Theirs). If there already exists a copy or forensic image of
Electronically Stored Information -- this legal form provides the
protocol to discover the contents with with appropriate safeguards
for all parties to the litigation. Use it to draft an agreement
between counsel or to draft an order to be submitted to the court on
a contested motion.