Wave Software Lends Help in Preparing for the Effects of the Amended FRCP

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Since its inception in 1938, the Federal Rules of Civil Procedure has undergone nine revisions with 2000 being the most recent. The FRCP apply to near 300,000 cases, annually and are often the foundation to many state rules. With the advent of technology and the advancement of mass communication via electronic means, natural progression would assume that long are the days of paper -- the rules can no longer ignore electronically stored information as subject to discovery. The sweeping question on everyone's mind is: What does this really mean, exactly? Just how different is my practice truly going to change from what I was doing before? These are very important questions and the answers truly depend on you.

If you think like a law firm today, you have partners and senior level associates and staff that remember the days without computers, cell phones, instant messengers, blackberries; everything was done by "the book". There was no lexis-Nexis, Westlaw research online, there was no Googling, or contacting someone via email. Communication and information was by paper or by a landline phone. That was it. Enter the law clerks and junior associates fresh out of law school by one or two years, who do not know what it is like to not have a computer, a cell phone, email or instant messenger. They have mastered their research and communication abilities via the internet and often cringe at the idea of having to slow their process by resorting to "the book." Two different methods stemming from two different worlds of experience. Combine the best of both worlds as long and you make informed decisions as to how you can implement your methods of practice in light of these new rules. To do this, educate yourself regarding the changes to the rules, attend conferences and CLEs, and research vendors and consultants that can guide you and recommend best practices for your firm or business.

Wave Software, a division of Wave Technologies, recognizes that change is not always easy and that their user could be someone from either the world of paper or technology. The new rules no longer allow for broad sweeping Discovery requests and place Electronically Stored Information (ESI) on equal footing with paper documents. See Rule 34. There is now a duty to disclose ESI and to 'meet and confer' as early in the discovery process as possible to determine the agreed form of production. See Rule 26. What if there is no simple agreement? What if you have someone from the world of paper meeting the world of technology? If there is a disagreement regarding the manner in which production is to be made and how to handle the inadvertent production of privileged ESI, for example, it is imperative that counsel be educated on what this means. If parties are unable to reach an agreement or the court does not enter an order, the information would have to be produced in a form that it is 'ordinarily maintained' or in a form(s) that are 'reasonably usable'. See 26(f) The Standing Committee report says that if the information is kept in a way that is 'searchable by electronic means', then 'the information should not be produced in a form that removes or significantly degrades this feature.' In comes the terminology of 'native review', 'metadata', 'spoliation', 'preservation orders', etc.

So, what do you do if you are in a situation where you get a Request for Production of emails? Where do you even begin? How are you supposed to review the emails? Determine what is privileged? How would you produce in Native Format? What if you just want to print them out? How much is this going to cost me? These are just a sampling of questions we at Wave Software address on a daily basis and we have calmed our clients by showing them how we can make both the world of paper and the world of technology happy. It doesn't have to be difficult and it doesn't have to cost a lot of money.

Wave Software makes your life easier and cuts your Discovery costs dramatically. Fast and easy to install with little training needed, we take your emails and cull it down to just the responsive set you need. Whether you want to take these emails and print them out to paper or present them in native format, that choice is yours. Our software, the Trident Software Suite, gives you ownership to reduce your email data set by deduplicating and then gathering just the emails you need to present to opposing counsel or file with the court. More lawyers turn to Wave Software to provide a quick easy solution. Wave Software provides you with the right tools to file natively or to just give you the email data set you want to Tiff out. It is a simple process and we give all the power to you.

Key Features of Wave Software:

1. Flat pricing available.

2. Dedupe two gigabytes in two minutes.

3. No training required.

4. Cut vendors cost dramatically.

5. Produce in a .PST format. Generate paperless production, review in Native File Format.

Want to learn more?

Download this trial and call today to activate the software. Wave Software has worked hard to find solutions that are best for everyone whether you are tech adverse or tech savvy. Let us help you get prepared for these FRCP changes. We are one call away.

Download Trident Software

A Message from the Wave Technology President,

Robert Childress

President-Wave Technologies

Who's Who Winner 2005, 2006


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Lindsay Couch
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