Podcast #209: Before You Even Think About Hiring Anyone, Listen to This Episode with Ashley Cox

In this week’s episode, we talk with Ashley Cox about what you need to do to prepare to hire, how to find the best applicants for your firm, and how to set up a new employee or independent contractor for success.

Be sure to download this complimentary worksheet on how to uncover your company’s core values.

Ashley Cox

Ashley Cox is the founder of SproutHR, where she helps hire, train, and lead happy, productive, and profitable teams. After a decade in the corporate world, she kicked off her heels and burst through layers of red tape to venture out and help small businesses and startups with their HR needs.

You can follow Ashley on Twitter and LinkedIn.

The post Podcast #209: Before You Even Think About Hiring Anyone, Listen to This Episode with Ashley Cox appeared first on Lawyerist.com.

source https://lawyerist.com/podcast-209-ashley-cox/

Up Your Client Service With Podium

“Better manage your online reviews and client interactions all from a single interface with Podium.”

Podium is a cloud-based interaction platform that enables attorneys to conveniently connect with clients at critical touchpoints, such as online practice reviews and intake features, to help them strengthen their practice. Headquartered in Lehi Utah, Podium is backed by Google, IVP, Accel, and other influential investors.

Details

Online reviews are important to businesses, especially for attorneys. A poor review or even too few reviews can be a make or break decision for potential clients. Podium helps you boost your reviews, and your SEO ranking as a result, by giving you a means to get review from current clients.

Podium provides a link you can text to clients so they can easily submit reviews after you’ve completed matters for them, whether the review is on Google, Yelp, YellowPages, or other review site.

Podium also helps you create a better client intake experience. Rather than having clients fill out a contact form and waiting for a response, Podium offers a live chat that can automatically alert you to new and interested clients so you’ll be able to text them right away. It also provides a means for clients to text or message you directly from your Google listing or Facebook page either through their browser or a mobile app.

Your Podium dashboard enables you to view conversations, reroute conversations to different members of your staff, keep a log of who has communicated with who and when, track reviews of competitors, and even create templates to send to clients.

If you want to incorporate these conversations into your law practice management software, no problem! Podium offers integrations with over 40 different software, including Clio and Needles. It also has an open API, which means you’ll be able to integrate whatever software you want with Podium.

How To Get It

Podium offers three different packages that can be customized depending on your needs. Every package comes with a dedicated account manager to train and coach you on how to get the most out of Podium.

To learn more, schedule a demo, or schedule a free consultation, visit podium.com/lawyerist.

The post Up Your Client Service With Podium appeared first on Lawyerist.com.

source https://lawyerist.com/up-your-client-service-with-podium/

How To Manage Your Tabs and Speed Up Your Computer

Is your computer running slowly? Taking its sweet time opening documents and loading web pages? If your internet speed isn’t an issue, and you’re reading this article, chances are you have too many browser tabs or windows open. Each open tab (presently, I have 17) consumes your computer’s working memory, or RAM. The more RAM you use, the slower your computer runs. The slower your computer runs, the more frustrated you get.

What is RAM?

Random Access Memory is super-fast computer memory that stores all the information your computer is using at the moment or will be using in the near future. It’s basically your computer’s short-term memory, staying focused on the task at hand but ready to move to the next thing in a flash. Your machine stores all the information it expects to need soon, and decides what you’ll need soon based on a variety of factors. Like, for example, how many tabs you have open. That way, when it needs quick access to that information, it can retrieve it quickly.

RAM differs from your computer’s hard drive, which is used for long-term storage of files and other documents. It differs from Daft Punk’s Random Access Memories in that it is not a Grammy Award-winning album. (The count is up to 18 open tabs, so I can listen to Daft Punk.)

While you can install RAM to your computer to help speed it up, that method can be a bit time-intensive, but not too difficult, if you’re trying it for the first time. If you do want to try installing RAM to your computer, PC World has a great guide. Just be aware that there are different kinds of RAM out there, so make sure you’re getting the right one for your system.

Still, adding RAM doesn’t really address managing those unruly tabs. Let’s get those tabs managed so you can free up some memory, speed up your computer, and have a little less clutter on your browser.

Managing TABs

Often, we save tabs because we want to read something later, we’ve collected a lot of research that we want to save, or just have something we want to get to later, like reaching a certain level in a browser game and not wanting to lose your progress.

We’ll go over five ways you can manage your tabs: closing the worst offender tabs, tab management tools, bookmarking or snipping, using an app, and practicing tab mindfulness.

Closing Tabs

You can see which tabs are taking up the most RAM on your computer by pulling up your browser’s task manager. This way, you can close the worst offenders.

For Chrome, go to those three dots in the right corner, go to More Tools, and click on Task Manager.

For Safari, you can search for Activity Monitor in Spotlight on your Mac to view how much RAM your browser is taking up.

For Firefox, you can visit either about:performance or about:memory to pull up information about your data usage.

For Internet Explorer, hitting Ctrl-Shift-U will bring up a popup that will show memory usage.

Tab Management Tools

Tab management tools consolidate your tabs into a list, snooze tabs, close tabs, or suspend tabs as you browse. The ones we mention below are only for Chrome, unless otherwise noted, though a search through the app or extension store for Firefox, IE, or Safari will give you many options for tab management tools.

OneTab is a free browser extension for Chrome and Firefox that consolidates your tabs into a list of links in a single new tab. Just click the icon and create a list of links. Then, click on the links one at a time or restore them all at once. And if you need to share links, you can create a custom webpage to share those links with colleagues.

TabSnooze does just as the name implies, it allows you to snooze a tab to reopen later, so you can close it without guilt. It offers a  free version, but to access more features, you’ll need to upgrade to the Pro version for $2.95/mo.

Tabli is another free extension that consolidates your tabs into a list you can organize however you want.  It consolidates your tabs into a vertical list either through an inset in your browser, or as a separate window.

The Great Suspender suspends tabs you aren’t using to help increase your RAM. Then when you want to view the tab again, simply click on the tab and reload it.

Bookmark or Snip What You Want

For tabs you want to get to later, you can bookmark them in your browser into a special folder. But if you’re like me, you’ll probably forget about those since they aren’t immediately visible.

Evernote offers a web clipper extension that allows you to save webpages or parts of web pages into your Evernote account. You’ll also be able to clip from your mobile device with the Evernote app.

If you don’t have or want an Evernote account, another option is Pocket. Pocket helps you save articles, webpages, basically anything with a URL into your Pocket account. You can save from your computer, tablet, or mobile device. You can even download articles you’ve saved onto your mobile device so you can read them without an internet connection.

Use an App

Many email and social media accounts have apps you can use in lieu of accessing those account from your browser.

Apps, both mobile and desktop, are designed to perform the functions of an account much more quickly than a website, which means saved RAM, a quicker computer, and more personalization when you’re using your account. There are apps available for Gmail, Slack, Twitter, YouTube, FaceBook, Instagram, Dashlane, and even for some Law Practice Management Software that are available for you to download and use.

Practice Tab Mindfulness

It’s easy to be overwhelmed with the information overload we’re facing these days. Having so many tabs cluttering your browser can be overstimulating and distracting and can ruin your productivity.

As you open tabs, ask yourself if you really need them all. Are you really going to read those articles later? Be honest with yourself. For those you really are going to read later, consider saving them for another time and getting them out of sight so you can get them out of mind to focus on what you need to get done now.

The post How To Manage Your Tabs and Speed Up Your Computer appeared first on Lawyerist.com.

source https://lawyerist.com/manage-tabs/

The Shock of Reality (Untethered, Part 2)

Read Mark Bruce‘s piece “Untethered,” the first installment of his reflections on being terminated from his law firm as a 60-year-old lawyer.

The silence after you are fired is earthquake-like: eerie and foreboding.

I drove home dazed, worrying I may not capably focus on the pavement unfurling in front of my empty eyes. I thought briefly about stopping for a late breakfast but quickly reminded myself that every penny would now be husbanded toward my survival for the next few months. Or years. Or forever.

Before I slid from the firm’s office, I had agreed to sign a liability release in exchange for two weeks’ pay. They seemed surprised I would agree to it so readily. But I was an at-will employee. Unless a firm insider went rogue and revealed some illegal reason for my termination—that I was too old and too expensive, for example—I would have no case. Better to squirrel away a few thousand now and extend my resources, right?

My final check and my severance paycheck sat on the passenger seat like unwilling children. They seemed to brood with every glance I stole at them. They totaled $5,000. About a month’s wages at the firm.

I walked into my apartment and slumped into the couch. At $1,400 per month, the rent would be crippling for an unemployed lawyer. I’d need to plot my exit before Halloween.

I looked around at my books, my television, the pictures on the walls. They were so frivolous, weren’t they? How much would they fetch in a yard sale?

It was strange sitting on that dark green couch I bought when I first arrived in Sacramento for the job. The couch and my Queen-sized bed set me back a cool $2,500 when I’d first moved in. I paid them off in three payments, sure that money was no issue for a gainfully-employed lawyer.

Now it mocked me: ‘”What a fool! Trusting your employer to keep his word!?!”

When hired, I’d explained that this needed to be my last job. I would work for until I hit 70 and would retire in honor. They readily agreed.

Now I was out on my ear, with no real explanation why. That, in my considered and pained and brutalized judgment, meant the explanation was probably an illegal one. My boss had even said, “My lawyers say I can’t tell you why.” It was hard to suppress the anger threatening to overwhelm my heart.

It’s like that old chestnut about the difference between a dead lawyer and a dead skunk in the road: there are skid marks in front of the skunk. Well, I could relate. I couldn’t find a damned skid mark in front of me. No one even tried to stop this demise.

I called my friends. My brother. Some old public defender contacts in San Bernardino.

And I stared at the walls, at my pictures, at my books. I didn’t turn on the television—I knew the rattle of inane comedy would only manifest my tragedy.

I felt like I was still falling, falling. I had a little money in savings, but it wouldn’t last into November. One month. Beyond that, chaos. I had a vision of myself standing on a street corner in a ragged three-piece suit with a tattered“Will Sue for Food” sign. Would passers-by be amused enough to spare a few bucks?

As the numbness retreated, however, my ego slowly began to reassert itself. “You’ve been in tough spots like this before,” it said. “Let yourself grieve for a few days, then decide how you’ll spend the rest of your life,” it said.

It was a good plan. But my anger and my grief would last a long time. I felt conned. I told them who and what I was. I had been radically honest. They had not. It kept coming back to me, on a loop like a bad song the D.J. couldn’t quit.

Slowly, my shock was lifting. My ego was right. I had been in tough spots, both before and after I passed the bar. This was just one more. This was the Universe untethering me from a questionable job with a questionable employer.

Defiance was my best response. I grabbed my car keys and headed out my apartment door. I was going for dinner. And a movie.

Screw those guys. I was still alive.

The post The Shock of Reality (Untethered, Part 2) appeared first on Lawyerist.com.

source https://lawyerist.com/shock-of-reality/

Building a Brilliant Brief Library: Your How-To Guide

Whether you’re starting a new law firm or looking to enhance your litigation practice, taking the time and effort to create a repository of briefs, motions, and complaints you can use as templates on a moment’s notice will improve your profitability and save valuable time that you can invest in business development or providing actual legal advice.

In this article, we’ll cover the basics of building your own brief library, from tips on finding the best available documents to developing winning strategies to stay one step ahead of opposing counsel in litigation.

Building Your Brief Library

When building your brief library, it’s best to start with a defined scope. For example, it’s important to start by articulating what practice area(s) you fit into, what case type(s) you’re focusing on within your practice area(s), and whether there are other profitable areas ripe with litigation for your practice’s expansion. Once you know the practice areas and case types for which you want to build libraries, it’s time to start looking for leading litigators in that field.

Beyond searching for briefs from lawyers featured prominently on billboards around town or those appearing on Google’s first page of results, you can use legal analytics to decide which lawyers handle what volume of cases in your area. While not always an indicator of legal acumen, lawyers in your area with vast case volumes will likely have developed templated filings to handle their massive caseloads.

When you’ve identified lawyers and law firms whose work you’d like to explore in more detail, you then need to find their writing. You can, of course, traipse down to the courthouse and dive into the file archives. This method works really well if you’re only investigating a lawyer or two and a particular template or two. If, however, you plan to research and gather many court documents, or a single type from many authors, finding a low-cost court records database will be incredibly useful.

In the interest of full disclosure, I run a company that does such a thing. But let me be clear: you can absolutely build out a brief library without fancy technology. It takes some hustle, but you can do it.

If, on the other hand, you’ve decided you need to grow your library quickly—or dramatically increase its depth—using software with excellent attorney name and case-type search options, a PACER interface, and quick document downloads is key. After all, your goal in creating a brief library is to save you time in the end. If you’re trying to do it at scale, try to avoid wasting otherwise-billable hours sifting through court data to uncover the right attorney’s authorship.

Playing 3D Chess

Once you’ve mastered the process of finding the best briefs and motions from leaders in your field, you can easily replicate this process when you have a case and see a new or unknown advocate on the other side. Take a step beyond building a brief library. Why not extract docket history from several of your new adversary’s past cases to develop a timeline showing how she’ll likely handle this one?

You’ll be two steps ahead. Knowing your opponent’s strategy in advance helps you plan for things likely to occur during your case. You’ll prepare accordingly to avoid surprises, while the likelihood of needing to create a last minute filings plummets. Sharing the roadmap you’ve created with your clients is client-centered service at its best, helping to allay their anxieties, increase their appreciation for why litigation can become so expensive and time-consuming, and perhaps even impress them a bit along the way.

You don’t need to keep up with the Jones Days when you’re building a brief library. But with legal tech and legal analytics, you can stay ahead of the game and build your brand.

The post Building a Brilliant Brief Library: Your How-To Guide appeared first on Lawyerist.com.

source https://lawyerist.com/building-a-brief-library/

Protect Your Data, Clients, & Law Firm With Two-Factor Authentication

Two-Factor Authentication, aka multi-factor authentication, aka two-step verification, aka “2FA” for short, is an easy way to add an additional layer of security to your accounts. Most of your online accounts—from email to social media accounts and beyond—offer this relatively simple layer of protection to help you keep your data secure. In short, 2FA requires you to present two (or more) distinct pieces of evidence to show that you are who you say you are before you can gain access to an account. Single-Factor Authentication, on the other hand, only requires one piece of evidence. For most online accounts, the 2FA protocol starts with your password. Once you’ve entered that correctly, you’ll be asked for another piece of information, like the first car you owned or a unique number generated by an authentication system sent to your phone. It’s like what you do for your debit card, the so-called “chip and pin” method. First, you insert your card’s chip. Then you verify your identity by entering in a PIN code.

With all the leaks, hacks, malware, and phishing schemes out there, multi-factor authentication has become a critical component of your data security to deploy as many security measures as possible on as many accounts and as much data as you can. Perhaps you have already started using unique, complex passwords and a password manager like Dashlane, LastPass, 1Password, or KeePass to help you generate and store your strong passwords. That’s necessary, but it isn’t sufficient. Two-Factor Authentication is another piece of the security puzzle, making it much harder for would-be attackers to get the evidence they need to access your accounts and the sensitive data in them.

Common Two-Factor Authentication Tools

With just a couple of clicks in the settings menu, you can enable 2FA on many of your most important accounts. The technology and user experience vary, but they all have the same goal: requiring you to prove your identity using something you know, like your password, and something you have, like a code generated by your phone, an app, or a special security key or something you are, like your fingerprint, face identification, eye scan, or other biometric screen. Sometimes you can choose which 2FA method you use. Sometimes you only have one option. Sometimes you don’t have any.

Text Messaging (or SMS)

This one is fairly ubiquitous. Once you’ve enabled SMS 2FA, you’ll provide a phone number. When you next log in, you’ll enter your username and password. Then you’ll be asked to enter a short code that gets texted to your phone. It isn’t foolproof, but it is an excellent start. Some software will also give you the option for a phone call to your mobile device to deliver the code.

Authenticator Apps

Many companies and apps use a tool like Google Authenticator, which is a software token app that generates a unique 6-digit number every 60 seconds (or so). These time-based one-time password generators (“TOTP”) are part of the Open Authentication (“OATH”) architecture that you sometimes see with the “Log in with Google” or “Log in with Facebook” buttons. There are many different authenticator apps out there, like Authy, Microsoft Authenticator, Free OTP, Sophos Authenticator, Duo Mobile, Kamzan, LastPass Authenticator, and more. Google’s Authenticator app is the most popular and prevalent.

After you enter your password, you’ll be asked to verify your identity with 2FA. You open your authenticator app, find the one-time password, and enter it into the application to gain access. If you don’t have your phone with the authenticator app, you won’t be able to access the account.

Using Google Authenticator (or another TOTP) with your apps and accounts is quick and easy. The account you’re securing will walk you through the process. And if you’re worried about losing access to Authenticator, often you’ll be able to switch your Authenticator account to a different phone or device as needed. You can also sign in from a trusted computer (something you would have set up previously) to use other 2FA options to access your account without the TOTP. If you’re locked out of your authenticator and your account, most companies have account recovery forms you can submit to get your account back. Just make sure that the backup contact information you submit is correct and up-to-date.

Push-Based

Apple users may have noticed a clever new push-based 2FA method recently: Trusted Devices. This is already common for those of you who regularly sign into your Google Account from different or new devices. If you’re trying to log in on one device, you’ll get a prompt on another device indicating that someone is trying to log in to your account. It is faster and easier than some other options, and you can often see location-based data that tells you when someone is trying to log in from a place that doesn’t make any sense. If you see someone trying to access your account from Crimea and you’re in Cleveland, maybe you don’t authorize the access…

FIDO/Keys

A newer 2FA method has emerged recently that requires a physical “key” to access your accounts. You’ll set this up through the account you’re trying to protect and, on your next log in, you’ll be asked to connect your device to a security key and tap the key to allow your login. On the upside, these keys don’t require you to get a code and they are very secure. But they can be expensive and aren’t yet universal, and they don’t usually work well with a mobile device (since most use USB ports).

Backup Codes

Finally, some apps will give you a set of “backup codes.” Evernote, for example, gives you a set of codes that you can print and store in a safe place. If you ever lose access from your other 2FA, you grab your piece of good old-fashioned paper, type in one of the backup codes, and you’re back up and running in no time.

How Do I Enable Two-Factor Authentication On My Accounts?

Gmail

To setup 2FA for your Gmail account, go to your Google Account, first go to myaccount.google.com. On the left-side menu, you’ll see “Security.”

Click it. You’ll head into a menu where you can enable 2FA if you haven’t already. Follow the instructions to enable extra security on your account.

Apple

On your iPhone or iPad, go to Settings/[Your Name]/Password & Security. You can enable 2FA from there. You’ll be prompted to enter and verify a trusted phone number where you’ll receive verification codes.

On your Mac, click on the Apple menu to navigate to System Preferences/iCloud/Account Details to access the security options and get a verification code.

Microsoft and Outlook

To enable 2FA for your Microsoft account, you’ll navigate to account.microsoft.com/security. From there, you’ll see options to turn 2FA off or on. Just follow the instructions and you’re set!

Microsoft uses its Microsoft Authenticator app (obviously), so you’ll need to download  Microsoft Authenticator if you want something more than just code verification for 2FA on Outlook.

Yahoo, Facebook, Amazon, HubSpot, Twitter, Etc.

By now, you’ve figured out how and where to enable 2FA on your accounts. For most of your accounts, you’ll be able to change your security settings to enable 2FA. Importantly, many of the cloud-based practice management software tools give you 2FA options. You should use them. Your data is valuable to you and tempting to hackers. You can also check whether an app, service, or online account offers 2FA by visiting twofactorauth.org.

Have you had any issues with 2FA before? Do you have any other thoughts about it? Do you have any suggestions for other things we should cover in this blog? Let us know in the comments!

The post Protect Your Data, Clients, & Law Firm With Two-Factor Authentication appeared first on Lawyerist.com.

source https://lawyerist.com/protect-with-two-factor-authentication/

Podcast #208: Hard Questions for Small-Firm Lawyers, with Stephanie Everett

In this episode with Stephanie Everett, we talk about some of the questions small firm lawyers should ask themselves. When you are struggling with your law firm—struggling with money, struggling with time, struggling to focus—it’s helpful to take a step back and ask yourself some hard questions. This episode covers a few of those hard questions and answers about how you can get back on track.

Stephanie Everett

Stephanie helps small firm lawyers build and grow joyful and successful businesses—because work should be awesome. After launching and running her own litigation boutique, she shifted gears and launched Georgia’s incubator for newer lawyers starting socially conscious law firms. Her path led her to Lawyerist, where she develops exciting new ways for Lawyerist to help lawyers grow their firms and generate results.

You can follow Stephanie on Twitter and LinkedIn.

Thanks to Gusto, Podium, and Casetext for sponsoring this episode!

Subscribe

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Transcript

If you are hard of hearing, please contact us for a transcript of this episode.

The post Podcast #208: Hard Questions for Small-Firm Lawyers, with Stephanie Everett appeared first on Lawyerist.com.

source https://lawyerist.com/podcast-208-stephanie-everett/

Ruby Receptionists Adds Online Chats To Its Services

“Helmed by charming and professional online chat specialists, Ruby’s new service adds a high-touch value to your website for both current and potential clients.”

You’re always working to provide the best for your clients, and Ruby does the same. That’s why they’ll soon be offering online chat to its services so they can help you better help your clients.

Details

Ruby Receptionists has offered friendly, professional, and personal receptionist services for its customers over the past 15 years. They see every call as an opportunity to make someone’s day, and their enthusiasm is infectious. They’ve helped avoid missed calls for attorneys and help build and maintain client relationships over the phone. But what about online chats?

Online chat is an increasingly popular way for customer to engage with businesses, and law firms are no exception. Clients increasingly want the option to engage with a real person in real time online as an alternative to phone calls. In fact, recent statistics show that over 42% of customers prefer live chat, and live chat is expected to grow as much as 87% in the next year. Plus, having live chat on your website means a 100% response rate for visitors who have questions while browsing your site.

Not having live chat is ignoring an easy way to engage with your clients, which is something Ruby wants to help you avoid. With its recent acquisition of ProfessionalChats, Ruby will help you easily and seamlessly add live online chat to your website, Facebook, or Google listing. Your online chat will be professionally implemented and managed by Ruby’s team of charming online chat specialists who are knowledgeable about the legal industry.

Clients who visit your website will be able to engage in a friendly and polished live chat and can even connect directly with your law firm with live call connect. Live call connect is where a chat specialist provides a live warm phone transfer to your law firm, which adds a high-touch value to the visitor’s experience and helps you turn a page viewer into a potential client.

How To Get It

To learn more about adding live chat to your Ruby Receptionists repertoire right now, you can reach out to sales@ProfessionalChats.com. To learn more about its live receptionist and other services, visit callruby.com.

The post Ruby Receptionists Adds Online Chats To Its Services appeared first on Lawyerist.com.

source https://lawyerist.com/ruby-receptionists-adds-online-chats-to-its-services/

How to Improve eDiscovery Before You Start: deNISTing

If you’ve tried to dabble in eDiscovery or play around with electronically-stored information (“ESI”) without eDiscovery software, you have probably uncovered hundreds or even thousands of useless files. If only you could cull all those useless files before you started! Imagine how much time—and how many billable hours—you could save?

Well, as you’ve undoubtedly guessed by now, there is an answer: deNISTing.

What is deNISTing?

DeNISTing is how your eDiscovery software separates valuable user-created data from standard vendor-created files. The process removes system files, program files, initialization files, device drivers, and other computer-generated files from your document collection, usually before you even start the scintillating document review process in earnest. DeNISTing your ESI document collection before you start your review culls legally-irrelevant files so you can analyze the ones that actually matter.

How Does deNISTing Work?

The deNISTing process varies a bit depending on the software you use. Ultimately, your software matches your ESI collection’s hash values, file-by-file, to the “NIST list.” The NIST list is a list of software application files published and maintained by the National Software Reference Library, a branch of the National Institute for Standards and Technology.¹ The free-to-download NIST list is vetted and updated four times annually. If your collection includes a file that matches the NIST list, your software should remove it from your collection. The alternative, of course, is the annoying task of finding that file and excluding it manually. No, thank you.

The NIST list typically includes system file types and other files not created by human users, like .exe, .dll, .ini, .chm, and .DS_Store files.

DeNISTing has become common practice in eDiscovery and computer forensics. No one wants to review the standard components of a computer’s operating system or off-the-shelf software applications, and no one’s client wants to pay for someone to sift through them, either. DeNISTing usually happens alongside other document culling processes, like de-duplication, date range filtering, and other filtering processes. The goal is a clean document collection. Your document collection should let you review only the universe of files that might contain discoverable evidence. Everything else is just cruft.

Yup, found some pertinent documents here.

If you’re worried about losing evidence during the deNISTing process, there are safeguards for that. eDiscovery software and eDiscovery firms check a document’s file header for potentially useful information, just in case some nefarious character changed a document’s extension to hide something.

DeNISTing in Practice

Even with the file-header double-check, it’s worth reviewing different file types that are relevant to your particular matter. Then you can manually exclude those file types from the deNISTing process. For example, certain system files might be useful in an IP matter but not at all useful in a construction bond litigation. You should also discuss deNISTing with the court and opposing counsel in anticipation of any disputes about or challenges to the eDiscovery process.

The Downsides

DeNISTing is useful for culling wide swaths of irrelevant files from your document collection, but it has its faults. One common NIST list critique is that it’s incomplete, leaving many system files to slip through and ultimately require your review anyway. That’s a fair criticism. The list doesn’t include many operating systems’ and software suites’ files, usually because they are new or uncommon. That means you’ll probably need to do some extra work to find those files and their extensions and figure out how to filter them out. Still, with all the filtering options in most eDiscovery software solutions, supplemental filtering shouldn’t be too painful.

Want to Learn More?

If you’re interested in learning more about eDiscovery or finding eDiscovery software that suits your small firm or solo practice, check out our eDiscovery software reviews for more thoughts and tips. We also have an eDiscovery Skills & Tips section and a series of blog posts to help you better prepare for a smoother eDiscovery process.

 

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1. Author’s note: “NIST list” sounds way cooler than “NSRL list.” ↩

The post How to Improve eDiscovery Before You Start: deNISTing appeared first on Lawyerist.com.

source https://lawyerist.com/how-to-improve-ediscovery-before-you-start-denisting/