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New eDiscovery Competence Requirements, Coming To Your State.

California has just revised an existing opinion requiring attorneys to be better sufficiently skilled in eDiscovery, hire technical consultants or a competent counsel that is sufficiently skilled in the eDiscovery field, or decline representation all together in cases where eDiscovery is required.

The California State Bar Standing Committee on Professional Responsibility & Conduct has released a new version of the Proposed Formal Opinion Interim No. 11-0004, which is designed to establish an attorney’s ethical duties in the handling of discovery of electronically stored information (ESI).

The first page of the opinion now states:

“An attorney’s obligations under the ethical duty of competence evolve as new technologies develop and become integrated with the practice of law. Attorney competence related to litigation generally requires, among other things, and at a minimum, a basic understanding of, and facility with, issues relating to e-discovery, including the discovery of electronically stored information (“ESI”). On a case-by-case basis, the duty of competence may require a higher level of technical knowledge and ability, depending on the e-discovery issues involved in a matter, and the nature of the ESI. Competency may require even a highly experienced attorney to seek assistance in some litigation matters involving ESI. An attorney lacking the required competence for e-discovery issues has three options: (1) acquire sufficient learning and skill before performance is required; (2) associate with or consult technical consultants or competent counsel; or (3) decline the client representation. Lack of competence in e-discovery issues also may lead to an ethical violation of an attorney’s duty of confidentiality.”

Make sure your firm has the proper eDiscovery procedures in place to facilitate client needs and meet proposed regulations. Our hosted Relativity offering provides the most secure and comprehensive eDiscovery solution available with a pricing structure that is scalable to needs of all sizes.

How Analytics Tools Can Help Agencies Sharpen eDiscovery

[... ] The task of satisfying the Rules’ discovery provisions has lately become increasingly difficult. In a recent survey of federal legal professionals, far fewer respondents than in previous years felt confident that agencies could show that their electronically stored information (ESI) is “accurate, accessible, complete and trustworthy.”

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Free Powerpoint Presentation: Takeaways from 2014 to Immediately Help Your eDiscovery Practice

Become your companies eDiscovery rockstar with this free Powerpoint presentation. Just upload your company logo and start to walk your team through four new learning’s from 2014 that will be immediately useful in your eDiscovery practice.

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4 eDiscovery Learnings from 2014

Their are always new opinions that clarify challenges regarding eDiscovery and modern technologies like the cloud and predictive coding. We have compiled summaries and key holdings from 4 cases in 2014 that are immediately useful in your discovery practice.

The 4 takeaways to immediately help your practice:

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As costs rise, firms offer fixed e-discovery pricing


By Paul Brinkmann

South Florida companies that provide litigation support and electronic discovery are offering more fixed-price plans to help companies budget for litigation costs.

In April, Fort Lauderdale- based Credence Corp. rolled out a new managed services platform with more fixed pricing. That follows in the footsteps of companies including West Palm Beach- based FTI Consulting (NYSE: FCN), Kroll and Capsicum.

Data management for litigation has become a huge expense for many corporations. A 2011 study estimated that e-discovery for a significant commercial lawsuit costs an average of $3 million.

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Florida E‐Discovery Rules Being Fast-­‐Tracked

By Denise Johnson | June 14, 2012

After six years of study Florida is now fast tracking an e-discovery amendment to its rules of civil procedure.

Though technology is meant to streamline tasks, the way in which the resulting electronically stored information, also known as e-discovery in litigation, is stored, collected and produced has proven frustrating to many involved in the process.

“Most of the issues around e discovery — the cost of preserving, collecting and pressing through this vast amount of data ends up being more than what a case is potentially worth in terms of the lawsuit itself. And so, while the federal courts are still wrestling with this, so are e discovery service providers, and attorneys, and insurance companies with litigation and budgets,” said Dennis Hall, CEO of the South Florida-based Credence Corp., an e-discovery management company.

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Credence Corp. Unveils Managed Services Platform at ACEDS’ Annual eDiscovery Conference

Credence Corp., one of the country’s premier Discovery Management companies, unveiled its managed services platform at the Association of Certified E-Discovery Specialists (ACEDS) annual conference.

Focused on predictive coding, social media, lawyer malpractice, cost-shifting, and more, the conference took place from April 2 – 4, 2012 at the Westin Diplomat in Hollywood, Fla.

Credence Corp., a Charter Member of ACEDS, shared with the South Florida legal and corporate communities its culmination of best practices for data retention, collection and processing to help enhance effectiveness and efficiency in litigation – packaged in a fixed-price managed services platform.

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Credence Corporation Announces Chris Johnson as New Vice President of Sales

Credence Corporation, the leaders in technology and law for eDiscovery Management, today announced continued rapid expansion of their Florida market with the Appointment a new Vice President of Sales.

Dennis Hall III, Joint Founding Partner, said, “We are delighted to have Chris on board with Credence Corporation. He has a wealth of knowledge, expertise and experience having held senior management roles in several of the largest litigation support services companies in the industry. Chris has also proudly served for four years in the United States Navy. The discipline that he currently demonstrates as an active officer in the United States Navy Reserves will cascade into our company work ethic, and that’s always a good thing.”

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Law & Technology Company Credence Corporation Expands Their Business Operation

Credence Corporation, the leaders in technology for law enforcement, law offices and financial institutions for Florida, today announced that their Florida operation continues to expand with new offices and trained eDiscovery specialists now strategically positioned at One Biscayne Tower, 2 S. Biscayne Boulevard, Downtown Miami.

Dennis Hall III, Joint Founding Partner, said, “The forensic data collection, eDiscovery and traditional document management has in recent years become more competitive than ever and the demands of our clients are continually challenged. We cannot afford to simply stand still. Although our main corporate headquarters and state-of-the-art forensic laboratory is in Ft. Lauderdale, we decided that another service location a little further south would benefit our dedicated Miami firms.”

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Credence Corporation Becomes Relativity Certified Reseller

Credence Corp – a recognized leader in the South Florida Litigation Support Community, offering Forensic Collection / Analysis, E Discovery, and Hosted Solutions to Law Firms and corporations in Florida, today announced that it is a Relativity Certified Reseller. Credence Corporation now has the ability to provide clients with their own Relativity installation and utilize Credence’s Relativity experience to support that installation. A Relativity Certified Reseller is able to provide informed sales, technical and administrative support before and after the software evaluation process.

Dennis Hall lll, Joint Founding Partner, said, “Clients have the choice to host the application themselves or have our company host and manage their license securely on our servers. In today’s economic climate, it can be extremely cost advantageous to our clients to own an instance of Relativity without taking on the associated costs and risks of building out their own IT infrastructure.”

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Relativity "For me, it's never been about big names, it's been about performance...and for my money Credence outperforms
the big name service providers."
David A. Hancock
Manager of Litigation Support Services, GrayRobinson

"Credence offers cutting edge solutions which demonstrated cost efficiencies across our litigation profile, while providing excellent service and attention to detail at every stage of discovery. It's refreshing to partner with a company who understands and excels at eDiscovery matter management."
Anthony V. LaMacchia
Freeport-McMoRan Inc.