Why is Data Mapping so important…and by the way, what is it?

A peek into Legal Ethics and E-Discovery.

Understanding ESI, E-Discovery, and Forensics


By Misty Ewegen and Henry Berman

Discovery is, under the Federal Rules of Civil Procedure, intended to be a transparent process.  Brown v. Tellermate Holdings, Ltd., No. 2:11-cv-1122, 2014 WL 2987051 (S.D. Ohio July 1, 2014).

The Tellermate decision is a compelling read for one very simple reason; rarely do we see such a lurid combination of ignorance and obfuscation during the discovery process.  Tellermate is rife with examples of actions by both client and counsel that were either based on a true lack of understanding about the data sources involved or downright illegal.
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Over the past decade the judiciary has issued opinions clearly stating that an attorney’s inability or unwillingness to catch up with technology is an ethical violation.  In order to be competent practitioners of the law, attorneys have to understand the tools our clients use.  Tellermate serves as an example of numerous issues that arise in…

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About Misty Ewegen

I am a writer, a jeweler, and a Spoonie. Before becoming a Spoonie I was a very busy high achieving attorney and advocate bent on saving the world. Now I'm struggle to redefine my life to fit within my reduced energy level. Some days are better than others. I have fibromyalgia and chronic daily migraine.
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