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PRACTICEDIRECTION57AD · A GUIDE FOR UK LAWYERS PD 57AD Explained for Litigation Lawyers Purpose, Duties, Workflow, Cooperation and Technology COMPUTER FORENSICS LAB DISCOVERY. UK
§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM FULL CHAIN-OF-CUSTODY DOCUMENTATION
§ CONTENTS In this guide 01 Executive summary 02 What PD 57AD is for: the problem and the culture change 03 Where it applies, and where it does not 04 The duties: parties and their lawyers 05 Known adverse documents 06 The workflow, stage by stage 07 Initial Disclosure 08 Issues for Disclosure and the DRD 09 The five Models 10 Cooperation: what the regime actually requires 11 The technological implications 12 Less Complex Claims and other variants 13 Worked example: a matter through the timeline 14 Common mistakes and technical limitations 15 Questions to ask · Suggested wording 16 Checklist and red flags · When to involve a digital forensic expert 17 Frequently asked questions 18 Glossary · References · Disclaimer · How a specialist laboratory can assist
§ 01 · ORIENTATION Executive summary THE HEADLINE ANSWER: WHATPD57ADIS
§ 02 · FIRST PRINCIPLES What PD 57AD is for: the problem and the culture change
§ 03 · TERRITORY Where it applies, and where it does not
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§ 04 · OBLIGATIONS The duties: parties and their lawyers PART Y DUTIES WHAT THEY MEAN IN PRACTICE
§ 05 · THEMORALCORE Known adverse documents
§ 06 · THE MACHINE The workflow, stage by stage PRESERVE INITIAL SIGNAL ISSUES DATA & CMC: SEARCH, CERTIFICATE CONTINUING (CONTEMPLATION) DISCLOSURE EXTENDED & METHOD ORDER S REVIEW, DUTIES & (WITH DISCLOSURE MODEL S (DRD S. PRODUCE VARIATION PLEADINGS) (DRD S. 2) STAGE AND TIMING WHAT HAPPENS
§ 07 · STAGE ON E Initial Disclosure
§ 08 · THECENTRALDOCUMENT Issues for Disclosure and the DRD
§ 09 · THEMENU The five Models MODEL WHAT IT ORDERS WHEN IT FITS
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§ 10 · ACROSS THE TABLE Cooperation: what the regime actually requires
§ 11 · UNDERTHEBONNET The technological implications
§ 12 · VARIANTS Less Complex Claims and other variants
§ 13 · IN THE WILD Worked example: a matter through the timeline WEEKSMINUS8TO0 · CONTEMPLATIONTOISSUE DAYS1TO42 · PLEADINGSCLOSETODRAFTDRD TOTHECMCANDBEYOND
§ 14 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations
§ 15 · INTERROGATORIES & DRAFTING AIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask an e Discovery / forensic provider ISSUE ) SUGGESTED WORDING · CLIENT LETTER PA R AG RAPHONKNOWNA DV ERSE DOCUMENTS
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§ 16 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The PD 57AD checklist Red flags When to involve a digital forensic expert
§ 17 · COMMON QUESTIONS Frequently asked questions Does PD 57AD apply to my case? Is Model D the default? What exactly is a known adverse document? What if the other side will not cooperate? Are we required to use technology-assisted review? What happens if we get it wrong?
§ 18 · REFERENCE Glossary DRD Sources and authoritative references DISCLAIMER
§ HOW A SPECIALIST LABORATORY CAN ASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY
Cite as: Joseph Naghdi, PD57AD Explained For Litigation Lawyers, Computer Forensics Lab, https://e-discovery.uk/library/pd57ad-explained-for-litigation-lawyers/pdf.