PD57AD Explained For Litigation Lawyers

PRACTICEDIRECTION57AD · AGUIDEFORUKLAWYERS PD 57AD Explained for Litigation Lawyers Purpose, Duties, Workflow, Cooperation and Technology COMPUTERFORENSICSLAB DISCOVERY . U K § ABOUTTHEAUTHOR PRE PA REDBYCOMPUTERFORENSICSLABE - DISCOVERYTEAM 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 § 0 1 · ORIENTATION Executive summary THEHEADLINEANSWER : WHATPD57ADIS § 0 2 · FIRSTPRINCIPLES What PD 57AD is for: the problem and the culture change § 0 3 · TERRITORY Where it applies, and where it does not § 0 4 · OBLIGATIONS The duties: parties and their lawyers PART Y DUTIES WHAT THEY MEAN IN PRACTICE § 0 5 · THEMORALCORE Known adverse documents § 0 6 · THEMACHINE The workflow, stage by stage PRESERVE INITIAL SIGNAL ISSUES DATA & CMC: SEARCH, CERTIFICATE CONTINUING (CONTEMPLATION) DISCLOSURE EXTENDED & METHOD ORDERS REVIEW, DUTIES & (WITH DISCLOSURE MODELS (DRD S. PRODUCE VARIATION PLEADINGS) (DRD S. 2) STAGE AND TIMING WHAT HAPPENS § 0 7 · STAGEONE Initial Disclosure § 0 8 · THECENTRALDOCUMENT Issues for Disclosure and the DRD § 0 9 · THEMENU The five Models MODEL WHAT IT ORDERS WHEN IT FITS § 1 0 · ACROSSTHETABLE Cooperation: what the regime actually requires § 1 1 · UNDERTHEBONNET The technological implications § 1 2 · VARIANTS Less Complex Claims and other variants § 1 3 · INTHEWILD Worked example: a matter through the timeline WEEKSMINUS8TO0 · CONTEMPLATIONTOISSUE DAYS1TO42 · PLEADINGSCLOSETODRAFTDRD TOTHECMCANDBEYOND § 1 4 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations § 1 5 · INTERROGATORIES & DRAFTINGAIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask an eDiscovery / forensic provider ISSUE ) SUGGESTEDWORDING · CLIENTLETTER PA R AG RAPHONKNOWNA DV ERSE DOCUMENTS § 1 6 · QUICKCONTROL Checklist and red flags · When to involve a digital forensic expert The PD 57AD checklist Red flags When to involve a digital forensic expert § 1 7 · COMMONQUESTIONS 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? § 1 8 · REFERENCE Glossary DRD Sources and authoritative references DISCLAIMER § HOWASPECIALISTLABORATORYCANASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY