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Almost
every scenario and every claim
presented to an attorney for
examination lends itself to
being tested and analyzed with
a timeline --- and to being proved
or disproved with a timeline.
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It has been
more than 30
years since the United States Supreme Court
first addressed the issue of Electronic
Discovery
and decided
that rules for Electronic
Discovery were no different
than the rules for
conventional discovery. During
that period electronic
commerce and human interaction
has gone from a
vague idea
grasped and utilized by only a
few, to a way of life, widely
understood and used by adults
and children alike.
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In the
early days, the concept of
collecting e-mail messages
-- with their associated file
attachments, and other
data stored on a computer or
computer network, seemed like
a daunting task
reserved
only for cases and attorneys
with the largest litigation
budgets.
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Today,
modern computer forensic tools
and technique has rendered
Electronic Discovery
affordable by most clients.
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Data can
now be
readily
recovered from
files residing on laptops,
office PCs,
home computers, network servers,
floppy discs, PDAs, CD-ROMs,
tape backups, other archive
media and third-party storage
and archival systems.
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When
ignoring the potential offered
by Electronic Discovery, many
attorneys fail to focus on the
following:
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It is
estimated that only 70% of the
material produced on a
computer is ever converted to
a hard copy. If that is true,
the attorney who seeks only
hard copies is voluntarily
abandoning
almost a third of his
potential evidence without the
opposition making a single
objection or the court making
a single ruling.
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Because
computer data can remain on a
hard drive -- even after the
file has been deleted,
or the drive reformatted, Electronic Discovery carries
with it the potential of
discovering intelligence and
evidence that the opposition
has claimed does not exist and
never did exist.
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Using
Electronic Discovery to
recover and reconstitute
deleted or encrypted files is
analogous to:
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Is there a
lawyer anyplace who would tell
a prospective client,
"Although Electronic Discovery
might reveal relevant material
like deleted eMail, that the opposition doesn't
want us to see, I don't use
Electronic Discovery because
gentlemen don't read other
peoples mail."?
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How does it
actually work?
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You
subpoena a hard drive or laptop computer or desktop computer and we image
the hard drive and give you a CD or DVD that contains eMails,
spreadsheets, graphics and documents. In most instances that will include
deleted items that the opposition may not want you to see. We can in most
instances recover
usable evidence off the hard drive even if they have formatted it!
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The beauty of this is the cost.
We charge a flat fee of $500/computer for a basic examination.
The examination includes a CD
or DVD report that can contain just the evidence that you need to prevail!.
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Attorneys - Please feel free to
consult with us about the preferred way of phrasing an "Exhibit A". In
most civil matters, gaping holes are left open, and potential evidence
is missed. Don't allow that to happen to you or your clients. Phone or
eMail us any time. There is no charge or obligation.
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