21 Key Takeaways of Electronic Storage

When it comes to eDiscovery, the guru is Craig Ball.

Craig recently posted about the upcoming 2019 Georgetown eDiscovery Training Academy, a week-long, immersive boot camp in electronically stored information (ESI).

The technology of e-discovery is its centerpiece, and I’ve lately added a 21-point synopsis of the storage concepts, technical takeaways and vocabulary covered.

Here is Craig’s synopsis verbatim:

  1. Common law imposes a duty to preserve potentially-relevant information in anticipation of litigation
  2. Most information is electronically-stored information (ESI)
  3. Understanding ESI entails knowledge of information storage media, encodings and formats
  4. There are many types of e-storage media of differing capacities, form factors and formats:a) analog (phonograph record) or digital (hard drive, thumb drive, optical media)b) mechanical (electromagnetic hard drive, tape, etc.) or solid-state (thumb drive, SIM card, etc.)
  5. Computers don’t store “text,” “documents,” “pictures,” “sounds.” They only store bits (ones or zeroes)a) ASCII or Unicode for alphanumeric characters;b) JPG for photos, DOCX for Word files, MP3 for sound files, etc.
  6. Digital information is encoded as numbers by applying various encoding schemes:
  7. We express these numbers in a base or radix (base 2 binary, 10 decimal, 16 hexadecimal, 60 sexagesimal). E-mail messages encode attachments in base 64.
  8. The bigger the base, the smaller the space required to notate and convey the information
  9. Digitally encoded information is stored (written):a) physically as bytes (8-bit blocks) in sectors and partitionsb) logically as clusters, files, folders and volumes
  10. Files use binary header signatures to identify file formats (type and structure) of data
  11. Operating systems use file systems to group information as files and manage filenames and metadata
  12. File systems employ filename extensions (e.g., .txt, .jpg, .exe) to flag formats
  13. All ESI includes a component of metadata (data about data) even if no more than needed to locate it
  14. A file’s metadata may be greater in volume or utility than the contents of the file it describes
  15. File tables hold system metadata about the file (e.g., name, locations on disk, MAC dates): it’s CONTEXT
  16. Files hold application metadata (e.g., EXIF geolocation data in photos, comments in docs): it’s CONTENT
  17. File systems allocate clusters for file storage; deleting files releases cluster allocations for reuse
  18. If unallocated clusters aren’t reused, deleted files may be recovered (“carved”) via computer forensics
  19. Forensic (“bitstream”) imaging is a method to preserve both allocated and unallocated clusters
  20. Because data are numbers, data can be digitally “fingerprinted” using one-way hash algorithms (MD5, SHA1)
  21. Hashing facilitates identification, deduplication and de-NISTing of ESI in e-discovery

If you don’t follow Ball in Your Court, you should.

All Rights Reserved 2019 – Beverly Michaelis

You Can Take a Vacation

Build time off into your work schedule now to take a vacation – no excuses!  It takes some effort and organization, but your body and mind will thank you.  Three-day weekends – like Memorial Day – aren’t enough. We all need true recuperative time away from the office. This is my annual nudge to encourage you to take time from for yourself.

Budget now to go on vacation later.

“If I’m not at the office, I can’t bill.  If I can’t bill, I won’t get paid.” True enough, but there is a solution: budget for your vacation.

First, calculate your vacation expenses. Next, quantify the lost revenue you need to replace during your time out of the office. Now that you know how much you need, begin setting aside funds every week to meet your financial goal. If necessary, find little ways to cut back that can really add up: like bringing your lunch to work, deferring your daily Starbucks fix, using public transportation, or telecommuting.

Saving weekly will keep you on track and help manage expectations. If you’re just getting started, then your plans this year may be more modest. Next year, you can begin saving for your summer vacation in January.

Clients are important enough to schedule.  So is your vacation.

Work will never go away, but I guarantee that if you look ahead in your calendar you will find a block of time with no commitments. Even if you haven’t made plans yet, block the time out now before your calendar fills up. If you have a habit of backsliding, enlist your family as enforcers. If you need an extra incentive, consider non-refundable travel reservations.

Preparation is key!

If you’re a member of a firm, going on vacation is a matter of meeting with other lawyers who will be covering cases during your absence.

If you are a sole practitioner, use the buddy system.  Find a colleague who is experienced in your practice area and willing to cover for you.

This arrangement is usually reciprocal and is helpful if you have an unexpected absence from the office due to injury or a medical condition.

Vacation Checklist:

  • Notify clients, opposing counsel, judges, or other appropriate parties that you will be out of the office;
  • Prep your files.  They should be well-organized and current, with status memos so your buddy can easily step in if needed;
  • Create a “Countdown Schedule.”  Identify what needs to be done when and whether certain tasks can wait until your return;
  • Allow for wind down.  As your vacation approaches, leave time in your schedule to finish up last minute work.  Reduce or refer out new matters;
  • Train staff.  Do they have a clear understanding of office procedures?  How will they screen client calls during your absence?  Give them parameters for contacting you or your buddy in the event of an emergency.
  • Resist constantly checking voice mail, e-mail, or text messages.  Technology is a God-send, but part of rejuvenation is taking a break from our instant Internet society. Checking in is okay, but stick to a schedule to avoid obsessing over what is going on back at the office.  Remember – you have an emergency plan in place.  If something happens, staff or your buddy will get a hold of you.
  • Avoid post-vacation overload.  Just as you blocked out dates to go on vacation, allow yourself time to get back up-to-speed.  Otherwise, you’re right back where you started.

All Rights Reserved 2019 – Beverly Michaelis

 

Law Student Mental Health

New Podcast on Law Student Mental Health –

https://abacolap.wordpress.com/2019/04/25/new-podcast-on-law-student-mental-health/
— Read on abacolap.wordpress.com/2019/04/25/new-podcast-on-law-student-mental-health/

Law students may experience significant stress in law school without much to access in the way of resources. This new podcast addresses that need.

If you have students working in your office, encourage them to listen to the podcast. Point them to our own Oregon Attorney Assistance Program, which serves students in addition to lawyers.

Stress in Life and the Law

Stress in Life and the Law

Stress in Life and the Law
— Read on nwsidebar.wsba.org/2019/04/16/stress-in-life-and-the-law/

Don’t Miss Out on the Latest Tech Tips, Workflow Hacks, Apps, and Gadgets

Don’t miss out on the latest technology tips, workflow hacks, apps, and gadgets for the busy legal professional. Register now to attend Technology Tips for Busy Legal ProfessionalsDesigned for lawyers, legal staff, and office administrators – anyone interested in law office technology and automation.

Here are just a few of the topics

3 ways to automate workflows, the importance of practice management integration, better email management and document drafting with apps, ink-to-digital notebooks, specialty legal keypads, a smart conference room camera that tracks and follows speakers, creating a free online profile, ethically-compliant business texting, online contract lawyering resources, four legal research options using artificial intelligence, creating a 30-minute mission statement, rewarding referral sources, benefitting access to justice, and outsourcing in 5 minutes.

When & Where: Wednesday, May 1, 2019 from 10:00 a.m. to 11:00 a.m. Pacific Time. This is a live, online webinar.

Group Discounts: Available to firms who wish to register 5 or more attendees. Contact me for more information.

Participate in Polling & Ask Questions: Questions are welcome during the live event. Attendees are also encouraged to participate in live, anonymous polling.

How to Register

Click herechoose the image above, or visit the Upcoming CLE page. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the $25 registration price.

Can’t Attend?

Video and audio recordings will be available to download along with the program materials shortly after the live program event.  Price: $25. Contact me or visit my online CLE store to place an order.

Don’t Miss Out!

All Rights Reserved 2019 Beverly Michaelis

 

 

All Rights Reserved 2019 Beverly Michaelis