Industry Trends

Happy New Year everybody!  It’s 2019, and (as Mike Greenberg used to say on the old Mike and Mike ESPN morning sports show), we’re back and better than ever!  So, what is happening in eDiscovery in 2019?  A lot more than you probably realize and, thanks to Rob Robinson’s Complex Discovery blog, you have one place to check it all out!

In his post An Early Start: A Working List of 2019 eDiscovery Events, Rob provides not just a list of events (45 in all listed on the post – so far), but also provides links to each of them so that you can check them out for more info.  Here are a few highlights:

• January 1.28-31: Legalweek, New York, NY (it’s only 26 days away!)
• February 2.27-3.2: ABA TECHSHOW, Chicago, IL
• February 2.28: Masters Conference, Dallas, TX (the first of several Masters Conference events this year)
• March 3.5-7: 8th Annual Arkfeld eDiscovery Conference, Phoenix, AZ
• May 5.8-10: 2019 Women in eDiscovery Conference, Austin, TX
• May 5.14-16: Annual Corporate Legal Operations Consortium (CLOC) Institute, Las Vegas, NV
• August 8.18-22: ILTACON 2019, Lake Buena Vista, FL
• October 10.20-23: Relativity FEST, Chicago, IL
• October 10.27.30: 2019 ACC Annual Meeting, Phoenix, AZ

Of course, as you can imagine on January 2, the timing of several events is still to be determined and some events may not yet be listed.  If you know of an event that needs to be listed or any corrections or other updates to be made, Rob provides a mechanism on his post to send him an email to let him know the event name, date, location and URL for the event.  So, this post will continue to reflect an updated list of events over time.

Also, believe it or not, Rob’s quarterly eDiscovery Business Confidence Survey is entering its fourth year.  Last week, Rob issued the Winter 2019 survey in this post titled A Winter of Discontent? The Winter 2019 eDiscovery Business Confidence Survey.  “A Winter of Discontent”?  We’ll see.  Anyway, Rob indicates that the response period is up to mid-January 2019, so if you want to participate, you should complete the survey ASAP.  As usual, we will cover the results here as we have done for the previous 12 surveys (click here for our coverage of the last survey, which includes trends over the 12 surveys and links to each of them).

So, what do you think?  How many events do you plan to attend this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Tom O’Connor and I conducted another successful CLE webcast yesterday, recapping the 2018 eDiscovery Year in Review, and it occurred to me that we don’t emphasize enough that all of the CLE webcasts we do are available for you to check out on your own – even months after the webcast has been conducted!  You just might be able to complete your entire CLE requirement by watching our webcasts!

But first, a quick note that The Expert Institute’s 2018 Best Legal Blog Contest has a little over two days left.  If you like our blog, please consider voting for us!  Simply go to this link, log in via Google, LinkedIn or Twitter, and cast your vote.  We appreciate the support!

Anyway, here’s a list of the CLE webcasts we’ve conducted this year:

• 2018 eDiscovery Year in Review (December 12, 2018)
• The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology? (November 28, 2018)
• Get a “Clue” Regarding Your eDiscovery Process (October 31, 2018)
• Preparing for Litigation Before it Happens (September 26, 2018)
• Litigate or Settle? Info You Need to Make Case Decisions (August 29, 2018)
• Key eDiscovery Case Law Review for First Half of 2018 (July 25, 2018)
• Collecting Responsive ESI from Difficult Places (June 20, 2018)
• eDiscovery for the Rest of Us (May 30, 2018)
• Getting Off the Sidelines and into the Game using Technology Assisted Review (April 25, 2018)
• Understanding eDiscovery in Criminal Cases (March 21, 2018)
• eDiscovery and the GDPR: Ready or Not, Here it Comes! (February 21, 2018)
• Important eDiscovery Case Law Decisions of 2017 and Their Impact on 2018 (January 11, 2018)

Twelve CLE webcasts, twelve days of Christmas!  Coincidence?  I think not!  :o)

What a lot of people don’t realize is that CLE-accreditation is not just available for those who attended these webcasts live, it’s also available for those who view the webcasts on demand.  They are truly the gift that keeps on giving – CLE credits.  While each of these webcasts were accredited in selected states, CLE accreditation is available in additional states via reciprocity credit.  So, if you want to ask about CLE credit on any particular webcast, feel free to email me at daustin@cloudninedisco.wpengine.com.

These twelve are part of nearly forty total informative webcasts on our site at our Webcasts page here.

I want to thank all of you who have read this blog over the course of this year and all of you who have attended at least some of our webcasts.  There are literally thousands of you who have done one or both and we wouldn’t have a reason to do it without your support.  Also, thanks to Tom O’Connor, my “wingman” for all of his contributions to our webcasts this year, he’s not only highly informative, but also a fun webcast partner.

We’re into our ninth year for eDiscovery Daily, and (other than the couple of weeks I take off at the end of each year to “recharge my batteries” – starting now!), are still going strong.  As we always say, please share any comments you might have or if you’d like to know more about a particular topic.  We love your feedback and suggestions (like the case law suggestion we received and published in yesterday’s post)!

Merry Christmas, Happy Holidays and Happy New Year!!  eDiscovery Daily will resume with new posts after the new year on January 2.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

2018 has been a very busy and significant year from an eDiscovery standpoint. This year has had everything from new data privacy laws here and in Europe to the use of Internet of Things (IoT) devices in discovery to important trends regarding the use (or non-use) of Technology Assisted Review (TAR) to a landmark SCOTUS case regarding accessing cell phone location data without a warrant.  Today’s webcast will discuss what do you need to know about these and other important 2018 events and how they impact your eDiscovery efforts.  It’s our last webcast of the year!

Today at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast 2018 eDiscovery Year in Review. In this one-hour webcast that’s CLE-approved in selected states, we will discuss key events and trends in 2018, what those events and trends mean to your discovery practices and provide our predictions for 2019. Topics include:

• Technology Competence Trends and Developments
• CLOUD Act and the Microsoft Ireland Case
• General Data Protection Regulation (GDPR) and California Data Privacy Law
• Data Privacy and Cybersecurity Trends and Challenges
• SCOTUS Ruling in Carpenter v. US
• Technology Assisted Review (TAR) Trends
• Internet of Things (IoT) Devices as Sources of ESI
• Business and Investment Trends within eDiscovery
• Form of Production Trends and Disputes
• New Resources for eDiscovery Best Practices

As always, I’ll be presenting the webcast, along with Tom O’Connor.  To register for it, click here.  It’s not too late!  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  If you want to learn how key events and trends in 2018 can affect your eDiscovery practice, this webcast is for you!

So, what do you think?  Were you busy this year and have FOMO (fear of missing out) on important info for 2018?  If so, please join us!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

The appearance of the mashed potato graphic can only mean one thing (besides making me hungry, that is!).  It’s time for the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year.  It’s also become an annual tradition for him to release it earlier and earlier each year.  And, this year is no exception.

Last year, Rob released his annual mashup over the Christmas holidays.  This year, Rob released his worldwide eDiscovery services and software overview for 2018 to 2023 – before Thanksgiving!  I almost missed it.  At this rate, I predict it before Halloween next year…  :o)

This is the seventh(!) year we have covered the “mashup” and we can continue to gauge how accurate those first predictions were.  The first “mashup” covered estimates for 2012 to 2017 and, last year, we took a look how close the estimate was for 2017 way back when.  This year, we can look at the original 2018 estimate for 2013 to 2018. We’ve also covered the estimates for 2014-2019 (in two parts), 2015 to 2020, 2016 to 2021 and 2017 to 2022 and will undoubtedly look at those in future years.

Taken from a combination of public market sizing estimations as shared in leading electronic discovery publications, posts, and discussions (sources listed on Complex Discovery), the following eDiscovery Market Size Mashup shares general market sizing estimates for the software and services area of the electronic discovery market for the years between 2018 and 2023.

Here are some highlights (based on the estimates from the compiled sources on Rob’s site):

• The eDiscovery Software and Services market is expected to grow an estimated 13.09% Compound Annual Growth Rate (CAGR) per year from 2018 to 2023 from $10.11 billion to $18.7 billion per year. Services will comprise approximately 69.9% of the market and software will comprise approximately 30.1% by 2023.
• The eDiscovery Software market is expected to grow at an estimated 13.23% CAGR per year from $3.02 billion in 2018 to $5.62 billion in 2023. In 2018, software comprises 29.9% of the market and, by 2023, 62% of the eDiscovery software market is expected to be “off-premise” – a.k.a. cloud and other Software-as-a-Service (SaaS)/Platform-as-a-Service (PaaS)/Infrastructure-as-a-Service (IaaS) solutions.
• The eDiscovery Services market is expected to grow at an estimated 13.03% CAGR per year from 2018 to 2023 from $7.09 billion to $13.08 billion per year. The breakdown of the services market by 2023 is expected to be as follows: 65% review, 19% processing and 16% collection.

If we look at the original “mashup” that we covered for 2013 to 2018, the original eDiscovery Software and Services market estimate for 2018 was $11.02 billion, the original Software portion of the estimate was $3.31 billion and the original Services portion of the estimate was $7.72 billion.  So, the original software estimate was overstated at .29 billion, while the original services estimate was overstated by .63 billion.  Overall, that’s an overstatement of .92 billion.  Not surprising, since the CAGR for both has declined in the latest estimates.  Here is the variation in CAGR over all seven “mashups” we have covered.

A couple of other notable stats:

• The U.S. constitutes approximately 64% of worldwide eDiscovery software and services spending in 2018, with that number decreasing to approximately 59% by 2023.
• Off-Premise software spending constitutes approximately 52% of worldwide eDiscovery software spending in 2018, with that number increasing to approximately 62% by 2023. This is a slower move to off-premise than previously forecasted.

So, what do you think?  Do any of these numbers surprise you?  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

A legal analytics product being launched last week by LexisNexis analyzes the language of specific judges’ opinions to identify the cases and arguments each judge finds persuasive as well as analytics on expert witnesses.  And, we remember one judge who, sadly, passed away over the weekend.

According to Bob Ambrogi’s LawSites blog (‘Context,’ Launching Today from LexisNexis, Applies Unique Analytics to Judges and Expert Witnesses), the new product, Context, is “déjà vu all over again” (my second favorite Yogi Berra line). The original version of these judge analytics was launched by Ravel Law in 2015. After LexisNexis acquired Ravel in June 2017, development pivoted to incorporating Ravel’s tools into the Lexis Advance legal research platform. The first stage of that incorporation came last June, when Lexis Advance integrated Ravel’s case law visualization tools as a product called Ravel View. Last week’s launch of Context is the second major step in that integration.

Last week’s launch, with judge analytics and expert witness analytics, is the first phase of Context. Future releases will add court analytics, company analytics, and lawyer and law firm analytics.

Bob broke down the capabilities, as follows:

Judge Analytics

What makes this product unique among litigation analytics tools is that it analyzes the language of court documents.  Unlike other products, which can only tell you information such as how long a particular type of case is likely to last, how a judge is likely to rule on a particular type of issue, or how other lawyers have fared before a particular judge, Context analyzes the text of court documents to find language and citations that could prove persuasive to a particular judge. Specifically, it tells you how a judge has ruled on 100 different types of motions and the judges, cases and text the judge most commonly relied on in making those rulings.

Say you are filing a motion for summary judgment. Using Context, you could look up the judge and determine the rate at which that judge grants or denies summary judgment. You could see all of the specific cases in which the judge made these rulings. Then, going deeper, you can see the opinions that the judge most frequently cites in summary judgment cases, and even the specific text from those opinions that the judge most frequently relies on.

With this information, you can tailor your memorandum to fit the judge. You can cite the judges, cases and even passages that you know the judge has relied on in the past and finds persuasive.  Context’s judge analytics cover all federal judges, including appellate judges, and some, but not all, state court judges.  And, there is no backward time limit to Context’s coverage. If a judge has been on the bench for decades, the entirety of the judge’s output is included in Context’s analytics.

Expert Witnesses

The expert witness analytics released last week are a new analytics product not previously offered as part of Ravel’s original set of analytics tools. The reason for that is simple: Ravel did not have data on expert witnesses, but LexisNexis has an extensive set of such data, covering more than 380,000 experts.

For each expert covered by Context, a user can see an overview that provides biographical and experiential information about the expert. For many experts, this includes not only the expert’s current CV, but also prior versions of the CV as it has been presented over the years. The overview also shows whether the expert is typically hired by plaintiffs or defendants, the number of cases per year the expert is engaged in, and the expert’s experience by jurisdiction and areas of law.

Pricing and Availability

LexisNexis is offering 30 days of free access to Context to any Lexis Advance subscriber who registers at www.lexisnexis.com/context. The free trial will run from Jan. 2 to Jan. 31, 2019. In addition, LexisNexis is providing free access starting today to all law school faculty, and to all law students who have a Lexis Advance ID starting Jan. 2.   You can read more about Context (and see screen shot examples of the product) via the link to Bob’s article above.

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Also, The Sedona Conference® yesterday announced the passing of U.S. Magistrate Judge Craig Shaffer of the District of Colorado, who passed away after a battle with cancer in the early hours of Saturday, December 1.  Judge Shaffer—“Craig” to everyone in The Sedona Conference—was a regular dialogue leader at Working Group 1 meetings and a member of the faculty of three Sedona Conference Institute programs.  In addition to his long legal career, Craig was an invaluable contributor to several Working Group Series publications, including the Commentary on Proportionality in Electronic Discovery (May 2017) and Commentary on Defense of Process (September 2016). He was also one of the original signatories to the Cooperation Proclamation and served on The Sedona Conference Advisory Board since 2006.  You can read more about Judge Shaffer at the TSC website here.

While I never met Judge Shaffer personally, I am certainly aware of him by reputation and it’s clear he has had a significant impact on the legal profession.  My thoughts and prayers are with his family.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

I know it seems like we just conducted a webcast (we did, two days ago), but we already have another one coming up!  2018 has been a very busy and significant year from an eDiscovery standpoint. This year has had everything from new data privacy laws here and in Europe to the use of Internet of Things (IoT) devices in discovery to important trends regarding the use (or non-use) of Technology Assisted Review (TAR) to a landmark SCOTUS case regarding accessing cell phone location data without a warrant.  Here’s a webcast that will discuss what do you need to know about these and other important 2018 events and how they impact your eDiscovery efforts.

Wednesday, December 12th at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast 2018 eDiscovery Year in Review. In this one-hour webcast that’s CLE-approved in selected states, we will discuss key events and trends in 2018, what those events and trends mean to your discovery practices and provide our predictions for 2019. Topics include:

• Technology Competence Trends and Developments
• CLOUD Act and the Microsoft Ireland Case
• General Data Protection Regulation (GDPR) and California Data Privacy Law
• Data Privacy and Cybersecurity Trends and Challenges
• SCOTUS Ruling in Carpenter v. US
• Technology Assisted Review (TAR) Trends
• Internet of Things (IoT) Devices as Sources of ESI
• Business and Investment Trends within eDiscovery
• Form of Production Trends and Disputes
• New Resources for eDiscovery Best Practices

As always, I’ll be presenting the webcast, along with Tom O’Connor.  To register for it, click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  If you want to learn how key events and trends in 2018 can affect your eDiscovery practice, this webcast is for you!

So, what do you think?  Were you busy this year and have FOMO (fear of missing out) on important info for 2018?  If so, please join us!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

If you’re going to be in the Orlando area tomorrow, join me and other legal technology experts and professionals at The Master’s Conference Orlando event.  It’s a full day of educational sessions covering a wide range of topics!

The Master’s Conference brings together leading experts and professionals from law firms, corporations and the bench to develop strategies, practices and resources for managing eDiscovery and the information life cycle.  This year’s Orlando event covers topics ranging from big data to cybersecurity to project management best practices to evaluating technology to blockchain (twice!), among other things.

The event is being held tomorrow at Greenberg Traurig, P.A., 450 S Orange Ave #650, Orlando, FL 32801.  Registration begins at 8am, with sessions starting right after that, at 8:30am.

CloudNine will be sponsoring the session Data, Discovery, and Decisions: Extending Discovery From Collection To Creation at 9:45am tomorrow.  I will be moderating a panel of eDiscovery experts that includes Matthew Detzel, Attorney at Akerman LLP; Brad Koehler, Senior Director with Alvarez & Marsal; and Chad Roberts, Discovery Counsel at eDiscovery CoCounsel, pllc.  We will be discussing the challenges that big data places on information governance and legal discovery professionals and potential approaches for addressing those challenges.  Hope you can join us!

Click here to register for the conference.  The cost to attend can be as low as $150 for one day of terrific educational content.  So, if you plan to attend and haven’t registered yet (why not?), now is the time to do it.

While there are no more events scheduled for this year (because the year is almost over, duh), The Masters Conference is working on its event schedule for next year.  Should have more information on that soon!

So, what do you think?  Are you going to be in Orlando tomorrow?  If so, come join us!  If not, come to Orlando and then join us!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Sure, you just voted a couple of days ago, but it’s time to do so again!  If you have a favorite eDiscovery blog or a favorite general legal blog, here’s a chance to see it recognized as one of the best.  Once again, The Expert Institute is looking for your votes in the 2018 Best Legal Blog Contest.

From now until December 15th, readers can select the “best of the best” in legal blogs.  The Expert Institute has broken the nominated blogs (which includes over 100 new blogs) into nine different categories, including Expert Witness, Litigation, Criminal Law, Legal News, Education & Law School Blogs and, of course, Legal Tech.

The rules of the contest are simple. Blogs will be ranked within their category by the number of votes they receive. In addition to winners in each category, the three blogs in any category that receive the most votes overall will come home with prizes, as well as a permanent position in their Best Legal Blogs Hall of Fame.

Readers can submit only one vote per blog, but can vote for as many blogs as they like across every category. In order to cast your vote, you must log into the social media platform of your choosing (Google, LinkedIn or Twitter) to verify your voter identity. This authentication is intended to prevent duplicate votes. The Expert Institute says it does not collect or share your information with third parties under any circumstances.

There are several excellent eDiscovery blogs out there and it would be great to see at least one or two receive enough votes to be recognized as a top legal blog in legal tech.  So, if there’s one you like, feel free to vote for it!  And, if that blog that you vote for happens to be eDiscovery Daily, even better!  ;o)

So, what do you think?  Do you have a favorite legal blog?  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.