2015

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Don’t Free Fall on the Duty to Preserve

Joshua Gilliland

The duty to preserve is a tricky beast. Determining when a party “knew or should have known that litigation was imminent” is often a free fall into analyzing the facts of when a party had notice of a lawsuit. There are times when it is very obvious that a party should have ejected and pulled the ripcord on not destroying any evidenced. This is one of those times.

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News You Can Use: A Robot Paralegal?

Advocate's Studio

The future is now! Dentons, LLP, the multinational firm boasting the largest number of lawyers in the world, apparently needs more of them — of the electro-mechanical sort. Dentons is financially backing a group of students from the University of Toronto who, as a class project, created an artificial intelligence to perform legal research. Code-named Ross, the AI uses IBM’s Jeopardy -nailing Watson to scour massive amounts of case law and legal docs in seconds to produce answers to l

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The Florida Bar Backs Off Limitations on "Specialize" and "Expertise"

Legal Expert Connections

It took a lawsuit for The Florida Bar to lift restrictions preventing non-certified attorneys from using the terms “specialize” or “expertise” in advertising materials. Recognized as one of the strictest state bar associations in the country when it comes to attorney advertising guidelines, The Florida Bar was forced to relax its position that only Board Certified attorneys can claim to “specialize” or possess “expertise” in an area of the law.

Lawsuit 40
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Proportionality is like The Force

Joshua Gilliland

The new Federal Rules of Civil Procedure are not as exciting as Star Wars The Force Awakens , but there differently has been an awakening on proportionality. There are those who fear eDiscovery, thus feel the new Rule 26 empowers them to object to every request for production on the grounds the request is not proportional to the merits of the case. Such thinking leads to the Dark Side.

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No, You Don’t Have to Read Everything

Joshua Gilliland

I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. That position is wrong. Lawyers have a duty of competency to their client, and candor to the court, to look at what is relevant to their case and responsive to discovery requests. This can be accomplished using one of the many eDiscovery review applications, leveraging search terms, advanced analytics, time lines, predictive coding, and knowing t

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Don’t Forget to RSVP: RSVP Law

Advocate's Studio

Looking for a lawyer? Looking for a legal information library? You could RSVP. RSVP Law is an online service whose core offering is connecting clients with lawyers. Users of the service provide their contact information and specific needs, which are routed to an actual live person who will assist in finding matches that meet the criteria. Users can submit a request for a lawyer in very modern ways — by texting, Facebooking (is that a verb?

Law 52
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Text Messaging OK for Attorney Advertising, Says Florida Bar

Legal Expert Connections

The Florida Bar Board of Governors recently approved text messaging as a means of attorney advertising. Ruling that texts are not a form of “in person solicitation,” which is prohibited, the Bar board now opens up a new avenue for attorneys who seek to reach consumers using additional forms of communication. “We found that in fact that text messaging is … a form of written communications … the same as any other written communications and must comply with [Bar] Rule 4-7.8(