Outsourcing or Insourcing? The Balanced Score Card approach

Outsourcing is now a common phenomena among businesses. Essentially, you contract out a business process to a third party, both foreign and domestic contracting – at times relocating a business function to another country. Traditionally speaking, companies having financial difficulties didn’t have much choice but to restructure, lay-off employees or incur additional debt to cover short term obligations. Outsourcing of redundant business processes came as a sigh of relief for many, especially large corporations with humongous overheads. The incentive to outsource may be greater for U.S. companies due to unusually high corporate taxes and mandated benefits such as Social Security, Medicare, and Occupational Safety and Health Administration (OSHA) regulations.

Now that you have successfully outsourced and established a cordial relationship with your vendor, industry trends may change that require you to focus more on certain business segments.  Insourcing has been identified as a means to ensure control, compliance and to gain competitive differentiation through vertical integration or the development of shared services (commonly called a ‘center of excellence’).

But wait a minute! It seems like you require both in order to attain a lean and optimal cost effectiveness business model.

E-Discovery Industry:

For the last decade or so, e-Discovery industry has experienced tremendous growth in terms of outsourcing mainly due to escalating costs. The result – growing number of captive centers all over the world, especially with abundant labor resources such as India, Pakistan, and Philippines. The biggest cost driver in e-Discovery is document review – over 60 percent of total costs, one of the main reasons of influx of captive offshore centers or outsourcing. Recently, however, law school graduates in the US, for instance, have been accepting employment at all time low wages – making it increasingly competitive for e-Discovery vendors.

What’s an optimal solution?

According to Balanced Score Card Institute, “The balanced scorecard is a strategic planning and management system that is used extensively in business and industry, government, and nonprofit organizations worldwide to align business activities to the vision and strategy of the organization, improve internal and external communications, and monitor organization performance against strategic goals” Using this tool helps an organization to identify, understand, and evaluate core business processes, resulting in best practices of utilizing outsourcing and insourcing strategies.

e-Discovery | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
www.claydesk.com
info@claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043

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Can ‘Predictive Coding’ cope up with ‘Big Data?

Discovery has changed, and electronically stored information (ESI) was the facilitator. Though ediscovery matters are no longer the novel issues that they once were,” technology is constantly changing. According to Baseline, it was estimated that 90 percent of worlds data has been created in the last two years.  in 2009 there were 988 Exabyte of data in existence, an amount that would stretch from the Sun to Pluto and back in paper form. The problem for corporations is the storage of huge amounts of data – let alone worry about the ‘compliance monster’.

Perhaps, cloud computing is here to ease things out, yet companies are retaining more information than ever, and lawsuits sometimes require attorneys review millions and millions of documents. While Judiciary struggles to devise effective mechanism regarding proportionality rules, big data is growing even bigger – not to mention growing litigation industry. It seems manual review of documents is not an option anymore, as technology is rushing towards meeting the growing needs of document review.

The most important element overlooked is the fact that human eyeballs are still required to review such documents leading to defensibility of the case; after all, isn’t that the real objective?

Definitions of “predictive coding” vary, but a common form of predictive coding includes the following steps. First, the data is uploaded onto a vendor’s servers. Next, representative samples of the electronic documents are identified. These “seed sets” can be created by counsel familiar with the issues, by the predictive coding software, or both. Counsel then review the seed sets and code each document for responsiveness or other attributes, such as privilege or confidentiality. The predictive coding system analyzes this input and creates a new “training set” reflecting the system’s determinations of responsiveness. Counsel then “train” the computer by evaluating where their decisions differ from the computers and then making appropriate adjustments regarding how the computer will analyze future documents.

This process is repeated until the system’s output is deemed reliable. Reliability is determined by statistical methods that measure recall—the percentage of responsive documents in the entire data set that the computer has located—and precision—the percentage of documents within the computer’s output set that are actually responsive. (That is, “recall” tests the extent to which the predictive coding system misses responsive documents, while “precision” tests the extent to which the system is mixing irrelevant documents in with the production set.) The resulting output can be either produced as is or further refined by subsequent human review. Subsequently, attorneys review a much smaller set of documents. Predictive coding therefore effectively “alleviates the need to review whole masses of records in order to find the relevant few.” Most importantly, predictive coding is estimated to reduce ediscovery costs as much as 40% to 60% while maintaining search quality.

A statistic quoted in an IDC and EMC report says that the digital universe is doubling every two years, and will reach 40,000 Exabyte (40 trillion gigabytes) by 2020. The question is: Can predictive coding cope up with big data?


e-Discovery | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
info www.claydesk.com
(855) – 833 – 7775 (703) – 646 – 3043

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Managed Review vs. Staffing Model

There are two standing industry models for outsourcing e-discovery document review projects – the managed review and the staffing model. While selecting a review solution – either staffing of managed, the solution should reflect an approach suffused in an understanding of applied best practices. Having said that, the following sets forth a minimal, standardized, framework which can and should be adapted to meet the needs of specific cases.

Project management

· Ensure a project plan is specifically designed and crafted to the specifications and requirements of counsel

· consistent with best practices

· Deliver a key set of documents or review protocol that govern the execution and project

· management of the review process along with workflow design

Team selection and training

· Staff personnel with expertise in specific area of laws relating to project. Develop specific job descriptions and define a detailed protocol for recruiting, testing, and selection

· Ensure conducive environment as well as conduct reference and background checks

· Preferably engage experienced personnel

· Ensure the review team receives comprehensive substantive and platform training

Workflow

· Design processes, assignments and quality assurance steps specifically tailored to the project’s requirements

· Demonstrate compliance with key security and quality standards while maintaining acceptable pace

Quality control

· Adhere to six sigma principles

· Develop effective quality control processes to achieve key project goals

· Test first review work product using sampling method, targeted re-review, and validations searches

· Conduct statistics to ensure the highest quality end result

· Maintain auditing and track performance of reviewers

Communication

· Develop a formal schedule of communications with counsel adhering to laid down schedules

· Calibrate initial review results, seeking counsel’s guidance to confirm or correct results and to conform review protocol and training materials to insights gained

Reporting

· Deliver regular, comprehensive reports to monitor progress and quality and to assist counsel in managing the review process

Productions and Privilege Logs

· Prepare privilege logs in accordance with specifications set by counsel

e-Discovery | cloud computing
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www.claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043

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E-Discovery in common law jurisdictions

PAKISTAN AND INDIA

Relevant e-Discovery sections of law in Code of Civil Procedure – Pakistan

SUMMONS AND DISCOVERY

25. Where a suit has been duly instituted, a summons may defendants, be issued to the defendant to appear and answer the claim and may be served in manner prescribed.

28.-(1) A summons may be sent for service in another summons. Province to such Court and in such manner as may be prescribed by rules in force in that Province.

(2) The Court to which summons is sent shall, upon another receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.

29. Summonses 2[and other processes] issued by any Civil or

Revenue Court situates 1[outside] 2[Pakistan] may be sent to the Courts 3[in] 4[Pakistan] and served as if they 5[were summonses] issued by such Courts:

6[Provided that the Courts issuing such summonses [or processes] have been established or continued by the authority of the Central Government or that the Provincial Government [of the Province in which such summonses or processes are] to be served has by notification in the official Gazette declared the provisions of this section to apply to 10 [such Courts.]

Subject to such conditions and limitations as may be prescribed, the Court may, at any. time, either of its own motion or on the application of any party: –

(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;

(b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;

(c) Order any fact to be proved by affidavit.

31. The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

32. The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may-

(a) issue a warrant for his arrest;

(b) attach and sell his property; (c) impose a fine upon him not exceeding [two thousand] rupees;

(d) Order him to furnish security for his appearance and in default commit him to […..] prison.

ORDER XI

DISCOVERY AND INSPECTION

1. In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite-parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without any order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.

2. On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court. In deciding upon such application, the Court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars or to make admissions or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall consider necessary either for disposing fairly of the suit or for saving costs.

3. In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories and if it is the opinion of the taxing officer or of the Court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault.

4. Interrogatories shall be in Form No.2 in Appendix C with such variations as circumstances may require.

5. Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite-party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly.

6. Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer.

7. Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous; and any application for this purpose may be made within seven days after service of the interrogatories.

8. Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the Court may allow.

9. An affidavit in answer to interrogatories shall be in Form No.3 in Appendix C, with such variations as circumstances may require.

10. No exception shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court.

11. Where any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the Court for an order requiring him to answer or to answer further, as the case may be. And an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination, as the Court may direct.

12. Any party may, without filing any affidavit apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion, be brought fit: Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

13. The affidavit to be made by a party against whom such order as is mentioned in the last preceding rule has been made shall specify which (if any) of the documents therein mentioned he objects to produce, and it shall be in Form No.5 in Appendix C with such variations as circumstances may require.

14. It shall be lawful for the Court at any time during the pendency of any suit, to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.

15. Every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice, in which the Court may allow the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit.

16. Notice to any party to produce any documents referred to in his pleading or affidavits shall be in Form No.7 in Appendix C, with such variations as circumstances may require.

17. The party to whom such notice is given shall, within ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof a which the documents, or such of them as he does not object to produce, may be inspected at the office of his pleader, or in the case of bankers’ books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in Form No.8 in Appendix C, with such variations as circumstances may require.

18.-(1) Where the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his pleader, the Court may, on the application of the party desiring it make an order for inspection in such place and in such manner as it may think fit: Provided that the order shall not be made when and so far as the Court shall be of the opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

19 – (1) Where inspection of any business books is applied for the Court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations; Provided that, notwithstanding that such copy has been supplied the Court may order inspection of the book from which the copy was made.

(2) Where on an application for an order for inspection privilege is claimed for any document it shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim of privilege.

(3) The Court may, on the application of any party to a suit at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been in his possession or power, and, if not then in his possession, when he parted with the same and what has become thereof. Such application shall be made on an affidavit stated that in the belief of the deponent the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified I the application, and that they relate to the matters in question in the suit, or to some of them.

20. Where the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

21. Where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defend, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and an order may be made accordingly.

22. Any party may, at the trial of a suit, use in evidence any one or more of the answers or any part of an answer of the opposite-party to interrogatories without putting in the others or the whole of such answer: Provided always that in such case the Court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, it may direct them to be put in.

23. This order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability.

INDIA

Relevant e-Discovery sections of law in Code of Civil Procedure – India

30. Power to order discovery and the like.

Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,-

(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;

(b) Issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;

(c) Order any fact to be proved by affidavit.

ORDER XI-DISCOVERY AND INSPECTION

1. Discovery by interrogatories— In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose : Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.

1. Particular interrogatories to be submitted— on an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court. In deciding upon such

2. application, the Court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall consider necessary either for disposing fairly of the suit or for saving costs.

2. Costs of interrogatories— In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the Court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the cost occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault.

3. Form of interrogatories. — Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require.

4. Corporations— Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly.

5. Objections to interrogatories by answer— Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, [167] [or on the ground of privilege or any other ground], may be taken in the affidavit in answer.

6. Setting aside and striking out interrogatories— Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous; and any application for this purpose may be made within seven days after service of the interrogatories.

7. Affidavit in answer, filing— Interrogatories shall be answered by affidavit to be filed within ten days or within such other time as the Court may allow.

8. Form of affidavit in answer— an affidavit in answer to interrogatories shall be in Form No. 3 in Appendix C, with such variations as circumstances may require.

9. No exception to be taken— No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court.

10. Order to answer or answer further— where any person interrogated omits to answer, or answer insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer or answer further, either by affidavit or by viva voice examination, as the Court may direct.

11. Application for discovery of documents— Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion be thought fit :

12. Affidavit of documents— The affidavit to be made by a party against whom such order as is mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as circumstances may require.

13. Production of documents— It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.

14. Inspection of documents referred to in pleadings or affidavits— Every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document [168][or who has entered any document in any list annexed to his pleadings] or produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse with the Court shall deem sufficient for not complying with such notice, in which case the Court may allow the same to be put in evidence on such terms as to costs an otherwise as the Court shall think fit.

15. Notice to produce— Notice to any party to produce any documents referred to in his pleading or affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.

16. Time for inspection when notice given— The party to whom such notice is given shall, within ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his pleader, or in the case of bankers books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in Form No. 8 in Appendix C, with such variations as circumstances may require.

17. Order for inspection— (1) Where the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his pleader, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit :

Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

Provided that the order shall not be made when and so far as the Court shall be of opinion that, it is not necessary either for disposing fairly of the suit or for saving costs.

(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

19. Verified copies— (1) Where inspection of any business books is applied for, the Court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations:

Provided that, notwithstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made.

(2)

Where on an application for an order for inspection privilege is claimed for any document, it shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim of privilege [169] [unless the document relates to matters of State.]

(3)

The Court may, on the application of any party to a suit at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether anyone or more specific documents, to be specified in the application, is or are, or has or have at an time been, in his possession or power, and , if not then in his possession, when he parted with the same and what has become thereof. Such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time and, in his possession or power the document or documents specified in the application, and that they relate to the matters in questions in the suit, or to some of them.

1. Premature discovery— Where the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the

2. Right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

2. Non-compliance with order for discovery— [170][(1)] Where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and [171][an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.]

[172] [(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.]

1. Using answers to interrogatories at trial— Any party may, at the trial of a suit, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer : Provided always that in such case the Court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, it may direct them to be put in.

2. Order to apply to minors— This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of the persons under disability.

Sources: http://www.ma-law.org.pk/pdflaw/CODE%20OF%20CIVIL%20PROCEDURE%201908.pdf; http://www.wipo.int/wipolex/en/text.jsp?file_id=201630

e-Discovery | cloud computing

New Jersey, USA | Lahore, PAK | Dubai, UAE

info www.claydesk.com

(855) – 833 – 7775 (703) – 646 – 3043

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E-Discovery: Document review value proposition you don’t want to miss!

The biggest cost driver in e-discovery is the document review part, where millions and millions of documents must be reviewed for potential relevancy and/or responsiveness. KPMG estimates that first level document review encompasses anywhere between 58% and 90% of total litigation costs. While predictive coding technologies have been somewhat successful in culling down most of the documents by utilizing an optimal combination of ‘recall’ and ‘precision’ values, human eyes are still required. Attorneys, senior paralegals power up review centers specifically designed for such projects only to find repetitive work day in day out – resulting in high turnover.

Typically, teams are rounded up and dismantled on an as-needed basis using attorneys, paralegals and law school graduates. This, in turn, has created a ‘day laborer’ mentality, as most projects are short term in nature, anywhere from a few days to months. Therefore, it is not uncommon for document review teams to start with 30 to 50 individuals, and during the course of the project to lose over half of the original members. With costs and inconsistencies in mind, high document reviewer turnover has not only affected the consistency of first level document review projects, but has led to an inefficient model of ‘training and re-training’, consequently resulting in escalation of costs.

Presently, though, due to influx of attorney workforce, pay rates have been seen to take a downward turn – a simple supply and demand situation.

The overall costs, however, remain high due to advent of ‘Big Data’. The question remains: How do you further reduce costs? There is good news!

Let me illustrate savings for a law firm or corporation in a simple hypothetical scenario:

For a 100 GB project (approx. 15,000 docs/GB – source edrm.net), we are talking approx. 1.5 million docs @$40/hour or $.80 per document (assuming 50 docs reviewed per hour – source edrm.net). Total billing = $1.2 million. With offshore attorney rate @$20/hour or $.40 per document. Total billing = $600K

Savings for the law firm of corporation by 50%, that is, save $600K – flat!

One can only imagine the cost savings in much larger engagements. These savings provide additional value and act as supplement to the predictive coding technology – together they form a true win-win solution for clients.

e-Discovery | cloud computing

New Jersey, USA | Lahore, PAK | Dubai, UAE

info www.claydesk.com

(855) – 833 – 7775 (703) – 646 – 3043

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Difference between Attorney, Barrister, Lawyer, and Solicitor

Have you ever wondered? The difference between attorney, barrister, lawyer, and solicitor? How about advocate, counsel, counselor, or counselor-at-law?

Lawyer is a general term for a person who gives legal device and aid and who conducts suits in court. An attorney or, more correctly, an attorney-at-law, is a member of the legal profession who represents a client in court when pleading or defending a case. In the US, attorney applies to any lawyer. In the UK, those who practice law are divided into barristers, who represent clients in open court and may appear at the bar, and solicitors, who are permitted to conduct litigation in court but not to plead cases in open court. The barrister does not deal directly with clients but does so through a solicitor. The word attorney comes from French meaning ‘one appointed or constituted’ and the word’s original meaning is of a person acting for another as an agent or deputy. A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate, barrister, counselor, and counselor-at-law. As to the abbreviation ‘Esq.’ for ‘Esquire’ used by some lawyers … it has no precise significance in the United States except as sometimes applied to certain public officials, such as justices of the peace. For some reason, lawyers often add it to their surname in written address. However, it is a title that is specifically male with no female equivalent, so its use by lawyers should fade away.

Source: dictionary.com

About Claydesk:

Korporate Solutions, Inc. d/b/a ClayDesk is a leading provider of e-Discovery and cloud computing solutions worldwide with its registered office located in Lahore, Pakistan, and branch offices in Piscataway, NJ and Dubai, UAE. Our e-Discovery services cover the entire EDRM cycle including information governance and compliance. Having JD’s as part of our core team, our onshore and offshore document review capabilities are unmatched in the industry.

e-Discovery | cloud computing

New Jersey, USA | Lahore, PAK | Dubai, UAE

info www.claydesk.com

(855) 833 7775 (703) 646 – 3043

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Outsourcing – Offshoring e-Discovery: Data Security Concerns

Data security concerns remain prevalent today with many law firms and corporate department. The technological advancements in the field of e-Discovery can be seen frequently, especially in the predictive coding arena. While attorneys may not be tech savvy, there are platforms available that provide the highest level of data security. For instance, a customized version of think client architecture only allows images to be sent to a terminal client, without transferring any data. Perhaps, only a handful companies are using this type of technology, but I managed to find OrangeLT – according to them, “Orange Legal Technologies’ software architecture approach alleviates the challenges typically associated with a web-based approach by leveraging a custom implementation of aterminal services architecture. Simply stated, this approach does not require entire documents to be transferred over the web, as only images of the documents need to be transferred”

One of the key concerns in offshore based E-discovery processing is about data security, and whether it leaves the US shores? The answer to this is an emphatic “No” – data does not leave US shores at any point in time. The offshore team logs into the servers in the US through a 128 bit encrypted VPN channel & processes the information as required (Native extraction, review, coding, tiffing etc.)

Secondly, we leverage upon state of the art technologies, adhering to highest standards pertaining to data security.

Some of the common question asked by us are:

1. Is my data encrypted?

Yes. We ensure your connection to the application using 256 bit AES SSL encryption, which is the same kind of encryption banks use. Your data is backed up twice to ensure safety and potential loss. This ensures that your data is safe with us and cannot be read by an unauthorized person.

2. Where are my documents stored?

The data you provide are stored in a highly secure enterprise SSAE16 SOC-1 Type II certified data center located in the United States. No transferring of data takes place to any offshore facility or server. Data centers are equipped with a minimum of N+1 power redundancy along with facilities such as Uninterruptible Power Supply (UPS) systems to cater to power spikes and surges. Additionally, data centers are monitored and recorded using CCTV 24×365, staffed with 24-hour security officers to augment physical security features, providing financial-grade protection of your mission-critical data.

3. What about data security?

Following the ISO/IEC 27001:2005 standards which are internationally recognized as the definitive best practice on information security management, incorporates development, implementation and maintenance of stringent privacy, confidentiality and IT/infrastructure controls, ClayDesk takes security and protection of your data very seriously. We deploy certified security and forensic specialists as watchdogs over your data. ClayDesk ensures that federally regulated security standards, including Sarbanes-Oxley and HIPAA compliance standards, as well as meeting the Statement on Auditing Standards No. 70: Service Organizations, Type II (SAS70 Type II) are met.

About Claydesk:

Korporate Solutions, Inc. d/b/a ClayDesk is a leading provider of e-Discovery and cloud computing solutions worldwide with its registered office located in Lahore, Pakistan, with branch offices in Piscataway, NJ and Dubai, UAE. Our e-Discovery services cover the entire EDRM cycle including information governance and compliance. Having JD’s as part of our core team, our onshore and offshore document review capabilities are unmatched in the industry.

e-Discovery | cloud computing

New Jersey, USA | Lahore, PAK | Dubai, UAE

info www.claydesk.com

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Why Collect Metrics in the Review Stage?

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Document review, generally acknowledged as the costliest component of e-discovery also involves the greatest coordination among a number of participants (in-house counsel, the outside law firm, the review platform vendor, and the staffing vendor).  As the collected ESI has been processed and uploaded into the review system, LitSpecialists will start the review.  Documents will be reviewed for their relevancy and coded as to responsiveness or reasons for being withheld entirely or in part from production.  The client and Eagan & Escher are eager to assess the number and content of documents to be produced.  The review is also under a complex schedule and a closely-watched budget.  LitSpecialists will provide progress reports monitoring review rates, to manage expectations and to keep the review team on target, and document statistics, to project the time and cost of production.

The use of metrics in the Review Stage ensures deadlines are met, tracks the cost of the review and helps prepare for production.  But beyond those short-term goals, consistent capture and use of review metrics can establish baselines for projecting timeframes and budgets, as well as preferred review platforms and review team composition.

What Needs to be Measured in the Review Stage?

The metrics for Review are derived from both the review platform and the reviewers.

  • Pre-Review Metrics: Describe the size and composition of the dataset to be reviewed, including foreign languages, image files, media type, and spreadsheets, the size and composition of the review team, and the timeframe of the review;
  • Ongoing Review Metrics: (during a review) Include: the hours worked (billed) by the reviewers; the hours logged on the review platform by the reviewers; average hours worked and logged; number, type and average number of documents/pages coded ; the number/percentage of documents checked for accuracy (QC); the documents unable to be reviewed; any non-viewable documents/pages; error rates; review exceptions; and any system downtime;
  • Post Review Metrics: Describe the aggregate of documents loaded (the original dataset, plus additional files loaded during the course of the review); total hours necessary for the review; average review rates for the team/reviewers; total documents/pages reviewed; totals of categories (e.g., Responsive, Non-Responsive, Privileged, Confidential, Further Review, Not Viewable); total downtime.

Source: EDRM

ClayDesk adopts strict quality controls procedures while fully adopting the guidelines, rules, and procedures. Our goal is to bring review costs to a minimum without compromising on quality – making outsourcing simple! Contact us at info@claydesk.com or call us at (855)-833-7775 for your next offshore we based review by our US licensed attorneys and LLM’s.

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e-Discovery | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
info@claydesk.com       www.claydesk.com

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ClayDesk

ClayDesk

ClayDesk provides e-Discovery and cloud computing services worldwide.As a Microsoft Cloud Partner, our certified team can deliver innovative and cost effective solutions. We also provide complete document management services.

Visit us at www.claydesk.com

 

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