In this week’s episode of The
Law Practice Doctor, Sam Gaylord interviews Scot Malouf, who
is a litigator with more than 10 years’ experience in commercial
claims, construction litigation, and insurance matters. He joins
Sam on the show to discuss the growing field of electronic and
- What is E-discovery?
- How should people understand
E-discovery, and what should they be asking for?
- What are the tricks for locating
party and witness information?
- Who are the people coming to you
for assistance on their projects?
- How do you approach E-discovery
when a judge isn’t familiar with it?
- What should people focus on when
it comes to presenting E-discovery information while using it most
- What other social forums should
people be looking into?
- Discovery and e-discovery are now
one in the same. All the records that at one point would have been
in paper documents are now in electronic format.
What to Ask
- How do we defensively, legally,
ethically not do things?
- Who is involved in this case, and
what systems did they use?
- Are you taking company data
off-site (from work computer into personal cloud
- Tally up how much data there
- What types of data
- Assume there will be problems, and
build that into your schedule.
- Plaintiff personal injury
- There are a lot of laws about
preservation and data mapping.
- Clients are creating a lot of data
but don’t have traditional tools that the IT department and data
- Commercial litigation
- All companies are creating and
using a lot of data.
- Lawyers constantly use LinkedIn,
but is it surprising how clients use it.
- Facebook: Personal injury
- LinkedIn: Employment
- Chat: Instant messaging such as
Slack is becoming important in the workplace.
- Chat is the new water cooler, so
there is a lot of informality and authenticity. This backfires, as
it is now searchable.
How to Be Most
- Don’t get bogged down by volume,
thinking presenting more is better.
- Similar to all evidence, weave it
into your story. Focus on what you are really trying to
- Try to avoid on-paper, and instead
create PowerPoints or show it live.
Social Forums For
- Attorneys are focused on using
social platforms to talk about cases; however, platforms are
excellent for listening.
- Social media is your chance to see
the community and what issues they are talking about.
- How are people talking about their
issues, and what terms are they using?
- Spend time on platforms where
prospective clients are.
- If you speak a foreign language or
serve a community that has overseas connections, see what foreign
tools they are using.
- Periscope: Forces
attorneys to shed perfection.
- Twitter: Local
media is still accessible on Twitter.
Predominantly female audience.
- Social platforms can be
industry-specific, as well as generational.
- Always measure the quality of the
website and know how they work.
- This is an online legal services
marketplace that offers on-demand legal advice through an Avvo
- Understand what questions you want
customers asking and how are they being responded to?
- If you claim your Avvo profile,
you are ethically responsible for what is put up there.
- There is a digital code that you
can place on your website that shows your rating.
- The platform brings clients in,
but you always want a direct relationship with the client and have
them turn directly to you instead of having Avvo bring them to
- If Avvo manages the relationship,
and the terms change, then this could be an issue. Always build
your personal list.
Media Ethics Guidelines
Social Media Jury Instructions