Regular readers of this blog are well versed in discovery best practices and generally familiar with the modern technology landscape. They strive to keep apace with the cutting edge of legal tech and embrace tools and practices that drive efficiency.
But not all legal practitioners are as diligent in their duty to keep abreast of the latest technology, or as steadfast in their commitment to client value. In fact, some are just flat-out backwards.
Case in point: the attorneys at the San Francisco-based boutique O'Magawd Mikoreer Izova LLP, who, ironically, brand themselves "The Technology Lawyers."
These guys are not new to the scene. You may have heard their name associated with some of the more high-profile discovery faux pas in recent memory -- the Wells Fargo data breach (they were co-counsel), the J-M Manufacturing meltdown (they were co-counsel), the UBS Warburg debacle (they were co-counsel).
Now, we have a policy here not to call out firms or attorneys by name. eDiscovery can be complicated and mistakes are frequently made. We're here to educate, not embarrass.
But we're making an exception.
In particular, we'd like to call your attention to the firm's model stipulated eDiscovery order, which you can download on its "blawg" here.
To be clear, we do not recommend using this sample order in an actual court of law. In fact, we're not entirely sure this is a real law firm.
We wouldn't put it past some enterprising legal tech company to spin up a satirical firm to call attention to the ills of the profession - the absence of technology training and knowledge, reliance on old-school processes and tools (like CDs), the absurd cost of eDiscovery, the still-pervasive practice of document warfare, and so forth. After all, sometimes you need to be pointed (and funny) to bring about change.