This course will prepare you for the modern practice of law, and teach the skills necessary to request, produce and manage documents in this age of electronically stored information. 95% of cases never go to trial; they are litigated to conclusion through pre-trial strategy and discovery. Discovery today is largely (estimates around 85%) based on discovering ESI. Students who have taken this course will have skills that offer added value to hiring firms. eDiscovery is now a multi-billion dollar industry, which can be a source of good jobs for graduates educated in the area. The concepts and skills taught in this course have little overlap with other courses.

The following objectives will be addressed in this course – all of which offer opportunities to analyze the impacts of technology on law:

Understand ESI representation of clients in transactional law and litigation.

Explore the jurisprudential impacts of technology on how we conceive of and apply law.

Demonstrate an understanding of the application of legal ethics in the area of ESI.

Explain the technical and practical problems presented to clients and counsel as they prepare for and respond to eDiscovery requests.

Describe the features of an eDiscovery plan and the considerations involved in creating one.

Explain the importance and the steps that maybe taken to maintain computer and network security and avoid spoliation.

Explain methods by which parties learn about the opposing party's technical infrastructure and ESI.

Discuss difficulties which spring from the inability of counsel and client to reach agreement regarding ESI

Demonstrated knowledge of the FRCP and the Rules of Evidence as they relate to ESI.

Method of evaluation: Three projects and a hands-on component.

AWR - Yes