Fixed Cost Ediscovery Delivers Competitive Advantage in Legal Risk
Early case assessment and fixed cost eDiscovery are two areas in legal risk management that require specific attention. Fixed cost eDiscovery is designed to address the financial risk associated with large legal cases. For additional information on eDiscovery go to www.estorian.com. The outcome of fixed cost eDiscovery is reduced exposure to the cost and time spent reviewing and analyzing the data after a legal case is underway. Early case assessment is a process that can reduce legal risk exposure by offering a necessary view into the case information, i.e. custodians, context, third-parties, etc. The latter is a legal risk competitive advantage; the former is simply cost containment.
Early case assessment is done by an organization to manage the organizations legal risk exposure. Early case assessment (ECA) can be considered the artillery in the armory that legal counsel takes to their meet-confer meetings. ECA includes information about custodians, context and concepts and will help legal counsel manage the outcome of the meet-and-confer meetings. However, it is not supposed to be this way.
According to The Honorable Judge Peter Flynn of the Circuit Court of Cook County, Chancery Division, Illinois, Meet-and-confer meeting’s are supposed to be about putting your IT cards on the table, what one can and cannot do with respect to data, data types, collections, preservations, data transformations, etc. Judge Flynn responded to a question related to guarded sharing of IT capability during meet-and-confer meetings during last weeks live Panel Discussion on Document Review Acceleration, hosted by Epiq Systems. He responded saying it was “Flat dead wrong, sanctionable.” According to Judge Flynn, guarding IT and ECA information during meet-and-confers is probably illegal. His response and the participant question make it clear that ‘the guarding of information is a competitive advantage in the world of legal wrangling.’
The competitive advantage presents itself because the legal process is full of gray areas. We know, through our interview series, that legal counsel will expand the scope of any information based activity. Understanding ones capabilities, custodians and case information ahead of a meet-and-confer meeting can mean the difference between 10 terabytes of information and 10 gigabytes of information, or roughly 600 million individual pages versus 600,000 individual pages. Legal counsel can use the fore knowledge gained through early case assessment to steer the meet-and-confer meeting to their advantage, as opposed to sharing their complete capability.
Fixed cost eDiscovery can become a liability for some companies because the opposing counsel could use the published financial information their advantage. For example, if you told the opposing counsel you used Huron Consulting V3locity, they would know the cost per document page is about .25cents. On the contrary, if you used services from KPMG, a very guarded company, then your opposition would have little or no information. In legal, the less information your opponent has, the better off you are.
Using commodity based early case assessment tools may introduce legal risk your company may not want to manage. For example, if the opposing counsel has foreknowledge of the products you use, such as Autonomy/Aungate, Attenex or Clearwell Systems, they know your capability to identify concepts, custodians, etc. Using software to create legal leverage without sharing to the world how you do it, can improve your competitive advantage in the early phases of litigation.
Estorian LookingGlass offers ECA capability without requiring your staff to learn complex indexing APIs or be relegated to a GUI that only your vendor will change, if they don’t run out of money. LookingGlass ECA capability is their “Spherical Indexing” infrastructure. LookingGlass Spherical Indexing is based on years of consulting and product definition with leading legal firms, according to Ron Higgins, Chief Strategy Officer. Rest assured that the clients who helped design Spherical Indexing have a great pedigree. The outcome of the use cases have resulted in an indexing system that uses an array of Database/SQL tables to manage the meta-data related to electronic mail.
Estorian LookingGlass delivers on key search capability, but gives your organization the power to find and work with the data using standard SQL queries. SQL is a language that is understood by many business analysts and is easily integrated into Microsoft SharePoint Portal server. In next months blog http://www.estorian.com/blog.php we’ll explore Spherical Indexing, email analytics and “Spherical Indexing: Thinking outside of the OLAP cube.”
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Home Schooling And Your Kids
Home Schooling has been garnering more and more interest and support from many parents who are looking for educational alternatives that they can give to their kids. Home schooling is an educational method that makes use of the home as the primary educational base for children. The system involves children being taught or educated at home rather than at an institution such as public or private schools.
In the past, most children are taught their ABC’s at home in the absence of adequate schools in some areas. But with the advent of compulsory school attendance in the 19th century, education worldwide is earned through the traditional school approach. In today’s terms, home schooling or home education refer to the instruction done in the home with the supervision of government-regulated correspondence schools.
Is home schooling effective? Most people tend to believe so. Many experts think that home schooling can be an effective learning tool because it practices a more personalized form of education. In home schooling, it is usually the parent’s responsibility to teach the kids their lesson. And this type of learning environment has helped many children absorb more of what they are being taught.
And the great results have substantiated proof. Some home school statistics show that a number of home school students scored as many as thirty percentile points higher than national public school averages. Some experts don’t even see statistical differences in terms of academic achievement between home school students taught by parents with less formal education and those students being taught by parents that have acquired higher formal education.
There are other positive home schooling statistics available that will help prove that such a method of educating children is just as effective. In 2003, the NHERI or National Home Education Research Institute conducted an extensive survey of over 7,300 home-schooled adults in the US with over 5000 of them being part of the survey for over seven years. The findings of the said survey indicated that more home-schooled adults are more active and involved in their respective communities.
Most of them are also more likely to get involved in civic affairs and have higher voting population percentages than their counterparts. In terms of outlook, almost three fourths of home schooled adults feel more positive and find life exciting as compared to less than half for the general population. Half of the home schooled adults report that they are very happy with their lives.
These statistics have shown that home schooling can have a great effect on how a child will learn. Home education can be just as effective and efficient as having your children taught in traditional institutions. Home schooling just carries a big advantage over these educational institutions in the sense that this method can make parents and their kids find time together. If you are looking forward to getting closer with your own kids and more active when it comes to their schooling, then home education for your kids should be considered.
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