electronically stored information

facilitator & Expert witness

Most lawyers would probably rather put on a powdered wig than wear a propeller beanie, but twenty-first century litigation nearly always requires coping with electronically stored information (or "ESI"). New rules were added to the FRCP to handle ESI, "e-discovery," and some of the unique issues that have come up since computers virtually took over commerical record-keeping and communications not long ago. To avoid confusion, local court rules are increasingly calling for the designation of an ESI coordinator, or facilitator, to oversee and manage the discovery of computer data. Choosing a facilitator you can trust to manage the tech lets you get on with what you do best: practicing law and representing your client.

Stevens Miller has been assisting attorneys with ESI issues for twenty years. As a lawyer and computer programmer (with a master's degree in Computer Science), he has qualified repeatedly as an expert on the authenticity, meaning, and availability of ESI. Stevens can help in all of these ways:

  • Assist client's IT staff with discovery productions
  • Provide affidavits and draft motions regarding ESI accessibility
  • Testify on matters of preservation and spoliation
  • Oversee on-site visits by opposing experts
  • Conduct on-site inspections of adversary's systems
  • Create custom software and database queries to find responsive, discoverable ESI
  • Advise counsel on the scope of, and best practices for, preservation of ESI
  • Consult with counsel on how to interpret discovery demands
  • Provide "translator" help between counsel and IT personnel
  • Analyze data not directly readable as text or pictures
  • Carry out computer forensic data recovery
  • Help cope with unique, proprietary system and programs