To TIFF or Not to TIFF

Posted on September 11, 2013 by Chris Bell

That is the question

If ESI could choose its own format, it would be native.

Maybe you’ve always TIFFed your legal eDiscovery productions and you don’t want to use another system. Maybe you don’t understand the difference between TIFF and native file formats, and you really don’t care because you’re not an IT specialist.

Here’s why file format matters:

• Use of native format cuts eDiscovery costs, which usually comprise the largest percentage of litigation expenses.
• Native files are automatically searchable, vs. TIFF, which are not.
• Native files include data not available on TIFF.

Takeaway:

Native saves you time and money and provides you with potentially case-changing electronic information.

Fabulous File Formats

OK, fight the temptation to let your eyes glaze over. Understanding the difference between documents formats will be important during 26(f) negotiations and requests for production.

A TIFF is a picture of your document. It is the oldest format for a scanned image, born in the 80s, like some of your staff. Since it is a picture, it cannot be searched unless text is extracted by Optical Character Recognition(OCR) and included as a separate file, called a load file.

Some metadata, such as the file creation date and time, can be preserved as TIFF tags in an additional load file, and searches must be run against all three files to find keyword matches and to get a picture of what data used to exist. Sounds cumbersome, time-consuming, and expensive? It is, but it’s probably the best game in town for paper documents. It is not optimal for Electronically Stored Information, which is multidimensional in nature.

A PDF is similar to a TIFF in that it is also a picture of your scanned document. PDFs are popular because they are viewable on almost any platform via a free reader, Adobe Acrobat. The metadata that can be embedded in a PDF is much more sophisticated than the metadata in TIFF extension tags, but still not as extensive as native files.

Native is a file format that preserves the file’s original format and includes metadata such as commentary, formulas, author, creation date, and creation time. It is automatically searchable. If ESI could choose its own format, it would be native.

Why Metadata Matters

Let’s take, for example, the subject of formulas. Why does it matter if you can’t see a formula? With a TIFFed Excel file, all you get is a column of numbers:

With a native file, it is possible to extract the formula to tell how those numbers were obtained.

So it would be immediately obvious that instead of:

=C1/AVERAGE(A1-A6)

The formula was in fact:

=C1/SUM(A1-A3)

Formulas offer important evidence and sometimes can be your case’s smoking gun. Don’t lose them to TIFFing.

OK, so you don’t want to miss outcome-changing information, and you want to save money, but you haven’t the faintest idea of how to draft a Request for Discovery for native files. Craig Ball provides an excellent example on his Ball In Your Court blog.

So why wouldn’t you go Native?

Since TIFF productions are static images, they can be a good choice if you don’t want to give the other side the advantages of natives. You can save the most money by doing a native discovery, reviewing for responsive docs in native, and then TIFFing only responsive docs and producing those.

Take a byte out of eDiscovery costs by avoiding unnecessary TIFFs. Call WarRoom Document Solutions to discover how to control your eDiscovery today.

“Why are you called WarRoom?”

Posted on June 7, 2013 by Chris Bell

We get asked this question a lot. After all, the name calls to mind a room at the Pentagon, filled with generals, intently debating lights on a map. In the legal industry, the term “war room” is used to describe the conference room where the case strategizing happens.

In Litigation Is War, Frederick Whitmer explains: “The whole idea here is to think about litigation as an enterprise in which you are trying — as Clausewitz says about war — to impose your will on the enemy. Litigation involves the exercise of force through judicial compulsion, to impose your will on your adversary. And, if you’re a defendant, of course, to resist the other side’s will being imposed on you.”

Just as military commanders use tactics to outmaneuver their opponents, so litigation attorneys leverage evidence in a structured approach to achieve favorable settlements and judgments. Some people dislike the analogy. But like it or not, seeing litigation as war is extremely illuminating for many lawyers.

Discovery Is a Battlefield

“Discovery is where it’s at — only 1 percent of cases go to trial.” ~ Shira Scheindlin, U.S. District Court judge and authority on eDiscovery

Despite what TV shows would have us believe, lawyers know that the real action of litigation happens before the trial, during the discovery process. Each side collects, processes, reviews and produces evidence pertaining to the case. So, as Frank Easterbrook, the Chief Judge of the United States Court of Appeals for the Seventh Circuit and one of the most cited appellate judges in the United States, once said, “That discovery is war comes as no surprise.”

Implementing a war room strategy is your key to obtaining a favorable outcome. Understanding your discoverable data before your 26(f) “Meet and Confer” session gives you a sizable tactical advantage. Whether you find the smoking gun, or you realize that a settlement is your best option, early case knowledge is power.

It’s also important to know which production format is most advantageous and cost effective for your case before the Meet and Confer. When you know and understand Electronically Stored Information (ESI) production formats (or include a WarRoom expert on your team), it is harder for the opposing party to use those formats against you. In addition, agreeing on a type of production format at the 26(f) helps contain both paper and electronic discovery costs.

If discovery is a battlefield, the Electronic Discovery Reference Model (EDRM) is the battle map. Discovery can take many different paths, but adhering to the EDRM helps you navigate the litigation minefield. EDRM best practices are good for your wallet as well as your case outcome. Following the EDRM ensures you don’t miss a discovery step that could save you time and money. For instance, processing such as filtering and de-duping defensibly reduces the total amount of data to review, making it easier to assess the responsive data and reducing the likelihood of accidentally turning over privileged information. Defensible discovery is essential for your litigation success.

For Want of a Lit Support Provider, the War Was Lost

Surrender is not an option. Don’t wave the white flag because you lack the right software or equipment for your discovery, be it data collection or document production. Whether you need help deciding on the best tool for your eDiscovery, or you are drowning in stacks of paper crying out for tabs, binders, and Bates stamping, we are your complete litigation support provider.

Our quality team is ready to support you in the document review trenches. We offer cost-effective online document management and review solutions as well as technical support. In war, technology can provide a decisive edge, so don’t get left behind. Our eDiscovery software products allow you to obtain the facts of your case faster. Easy searches bring more responsive data to your fingertips in less time. This leaves you more time to devote to the actual information and strategies you will employ.

While it’s true that most documents are born electronically, it is sometimes still necessary to print them. As you may have already discovered, many legal documents are a nightmare to print, either because they are so large or because they need to be properly organized and bound to be useful. We provide high-volume litigation printing, copying and document scanning. If you need a job scanned, bound, tabbed, OCRed or TIFFed, 24/7, with no mistakes, it has to be WarRoom. We hand-deliver the documents you need, when you need them.

We are here to meet your every paper and electronic discovery need, at any point in your litigation life cycle. Whatever your discovery requirements, it is imperative that you have access to the right resources and well trained troops all at the lowest possible price point for victory. Drawn out discovery may cripple the opposing party. Don’t let it weaken you. Call 855-WAR-ROOM to marshal your special forces.

Paralegal Jobs Are Disappearing

Posted on February 28, 2013 by Chris Bell

Paralegal profession marked for extinction.

Don’t let your career die out.

According to the Associated Press, the paralegal profession ranks in the top 7 middle class jobs vanishing due to technology advances. The other six are: utility meter reader, travel agent, office manager, human resources manager, accountant, and retail sales associate. All of these jobs have “routine and repetitious” duties that can be computer automated.

The paralegal profession may have seemed recession proof; after all, the document deluge is never ending. Now, however, documents are computer searchable, either because they are Electronically Stored Information (ESI) to begin with, or because they have been scanned and OCRed. This search capability eliminates the need for paralegals to prep paper documents for review. Although keyword selection was once part of the paralegal’s responsibilities, increasingly, keywords are either generated by computer software or selected by review associates.

The good news: the litigation support industry needs and wants professionals who understand both the legal and technical aspects of eDiscovery. The eDiscovery market is expected to grow by 13.3% and reach USD 7.2 billion dollars by 2017. The same technology that will eventually eliminate your current job may just provide you with a new and lucrative opportunity.

Don’t let your career go the way of the dodo. Consider an exciting future in litigation support. If you are a litigation paralegal with eDiscovery experience and excellent people skills, send WarRoom Document Solutions your resume today.

Don’t Forget About Paper Discovery

Posted on January 16, 2013 by Chris Bell

Even as electronic data grows, so does our use of paper. According to The Economist, the average American uses the paper equivalent of almost six 40-foot trees per year. The EPA reports that the average office worker generates approximately 2 pounds of paper and paper products every day. We’re a long way from realizing the paperless office.

Since paper plays such an important role in business operations, make sure you don’t forget about it when planning your litigation discovery. If you fail to produce relevant paper evidence simply because it wasn’t integrated with your eDiscovery tool, you could face sanctions or even adverse inferences. Make sure that your paper discovery process is defensible.

There are some advantages to a traditional, paper-based approach to discovery. Analysis of paper documents can make it easier to conceptualize your case and develop strategy because paper documents are sometimes more organized than their electronic counterparts. Better understanding your discoverable evidence and your case early on saves you money down the road.

No Document Left Behind

In order for a paper discovery approach to be useful, scanned or copied documents must be clear and legible, and meet your deadlines. Look for a legal document service that conducts page-by-page quality assurance and provides rush delivery. Your litigation document needs can be quite complicated, and should not be handled by the average local print shop. From Bates stamping to specialized tabs, legal document production requires a litigation support provider who understands court requirements.

Not only do your documents need to be error-free, they also must be secure. Almost all discoverable evidence is confidential in nature, and much of it is single source. If it is lost or destroyed, it can’t be replaced. Some evidence is so sensitive it is only available for processing for a short time. Original and confidential documents must be brought to a secure facility and processed as quickly as possible.

Perhaps you’ve received a disc of evidence prepped for Concordance or Summation, but you prefer to use a paper-based discovery approach. Entrust your blowback to a qualified litigation support team. Your litigation support provider converts Electronically Stored Information (ESI) back into paper by returning single file pages to a multipage format, in the correct order. You don’t waste time printing each page individually and the end result is a reviewable paper document.

Evidence doesn’t always fit conveniently in an 11” by 17” rectangle. Most copiers aren’t large enough to accommodate oversize maps or building plans. When you have large documents, call a legal document service with the equipment necessary to professionally handle your scanning or copying job.

Traditional Discovery Isn’t Just About Scanning

Document scanning, copying and printing are vital components of your litigation preparation, but don’t stop there. While paper discovery has some advantages, it can also be time consuming. From electronic labeling to Optical Character Recognition (OCR), technology helps you tame your paper discovery.

Review is the most expensive aspect of discovery, but there are ways to minimize cost, even when taking a traditional discovery approach. OCR allows scanned images of text to be recognized as text and thereby searchable and editable. Once a document is OCRed, it can be indexed and tagged, saving you money in review time. Bibliographical coding for “to” “from” and “bcc” fields allows a searching capacity identical to an eDiscovery tool. Coding large volumes costs just pennies on the document, and cuts down on the overall size and cost of your discovery project by making searches more efficient.

Scanned documents can be uploaded to any document database, including Concordance. If you choose to use an eDiscovery review solution, your uploaded paper documents can be reviewed with the same software tool as your electronic documents, integrating your paper and electronic evidence for more efficient analysis. Hosted review ensures a safe and defensible storage location for your discoverable data.

WarRoom Document Solutions offers full-service traditional and electronic discovery. Cost varies depending on the size and scope of your project. Our litigation support team works with you to assess your project’s needs. Our 19 years in the legal document industry allows us to give you an accurate cost estimate, which helps prevent discovery sticker shock.

Call us at 1-855-WarRoom today to learn how our Boston or Providence litigation support consultants can help with your paper or electronic discovery needs.