Overview of Subcommittee's Charge

Early on in the discussion, members of the Committee agreed that one of the major obstacles to efficient and cost-effective electronic discovery was the lack of knowledge by members of the bar about basic ESI concepts. Many lawyers are simply not technologically savvy enough to have a productive "meet and confer" about ESI, let alone to properly focus electronic discovery requests and/or to adequately gather responses. The perception of the Committee was that overly broad preservation letters and requests for ESI, and refusal to produce responsive discovery, were often the result of lawyers not understanding what ESI is, what ESI their clients possess, or how that is stored. The subcommittee was also charged with providing education about the Principles themselves.

To address these distinct but complementary needs, the Education Subcommittee established a partnership with the Seventh Circuit Bar Association, allowing the Pilot Program to have an internet home. The Principles were posted on the internet site at www.7thcircuitbar.org. Next, the subcommittee surveyed case law in the Seventh Circuit, including the district courts, pertaining to e-discovery. The case law has been organized by topic and is posted on the Seventh Circuit Bar Association's website. The subcommittee will update these cases on a quarterly basis. In addition, the subcommittee has posted a list of links that provide a wealth of information and training materials regarding ESI. Finally, the subcommittee has created a "glossary" of basic terms used in e-discovery. The glossary, also posted on the Seventh Circuit Bar Association's website, sets out definitions to enhance the bar's ability to understand e-discovery.

In addition to the "static" methods of educating the bar about the Principles specifically and ESI more generally, the subcommittee partnered with the Seventh Circuit Bar Association and Technology Concepts & Design, Inc. (TCDI(R)) to produce a one-hour webinar, in a question-and-answer format, that describes the highlights of the Principles and the motivation behind several of the provisions. The webinar is titled "Re-forming Discovery: The Seventh Circuit E-Discovery Pilot Program." To reach the maximum number of lawyers, the subcommittee partnered with LAW.COM to broadcast the webinar in February 2010. Over 1,000 registrants heard from Chief Judge James F. Holderman, Magistrate Judge Nan R. Nolan, and Committee members Thomas Lidbury of Mayer Brown and Alexandra Buck of Bartlit Beck Herman Palenchar & Scott. The panel not only described the Principles, but also explained the impetus for certain provisions and highlighted the requirements of others. Attendees, who received CLE credit, had an opportunity to ask questions, and the subcommittee provided a written response to every question submitted. Attendees were also encouraged to comment on the quality of the webinar and to propose future topics. This webinar is and will remain available for viewing on the Seventh Circuit Bar Association's website. This webinar is available on a link on this website.

Given the overwhelming response to the initial webinar and based upon a thorough review of the written comments from the attendees, the subcommittee produced a second webinar with TCDI, focusing on a lawyer's obligation to understand a client's systems and use that knowledge to facilitate the e-discovery process. The webinar, titled "You and Your Client: Communicating about E-Discovery," aired in April 2010. Participants heard, again in a question-and-answer format, from Committee members Chris King of SNR Denton, Tiffany Ferguson of Pugh, Jones, Johnson & Quandt, P.C., Tom Staunton of Miller Shakman & Beem, LLP, and Michael Bolton of Baxter Healthcare Corp., about the initial and essential steps counsel must take in order to understand his or her clients' electronic data and the discovery obligations which flow from it. This webinar is available on a link on this website.

More recently, in January 2011, the subcommittee hosted Jonathan Redgrave, a nationally known expert on electronic discovery, to speak on "The 4 P's of E-Discovery: Preservation, Proportionality, Privilege and Privacy." Redgrave spoke to a packed ceremonial courtroom. His presentation is available on a link on this website.

On April 6, 2011, the subcommittee sponsored another webinar, in partnership with Merrill Corporation, on the basics of ESI. That webinar is available on a link on this website.

Finally, with a tremendous effort by a single volunteer, Christina Zachariasen, the subcommittee has posted on this webstie a review of pertinent caselaw. The review is focused on courts from the Seventh Circuit, but includes significant ESI decisions from across the country. Click here to review.

Subcommittee's Continuing Role

The subcommittee believes that education is a critical component to reforming discovery. The possibilities for the subcommittee are limited only by the volunteer time available. At present, the subcommittee plans to continue producing programs in the webinar format with a goal of creating four one-hour webinars every calendar year. Upcoming webinar topics include The Basics of ESI; Ethical Issues in ESI; Culling and Search Techniques; The Use of an ESI Liaison; Creating and Maintaining an ESI Privilege Log; Issues Surrounding Cost Sharing; ESI Case Law Overview; Sanctions Imposed in ESI Disputes; and Judicial Views on the Pilot Program Phases One & Two. The subcommittee also hopes to present, in conjunction with the Communication and Outreach Subcommittee, an in-person presentation for the fall of 2010 regarding the Principles and Phase Two of the Pilot Program. Finally, the subcommittee will continue to update the case log on the Seventh Circuit Bar Association's website as a quick reference for judges and practitioners.

Members: