Welcome to Module 3-E.

Part Two of a Lecture by Judge Paul Grimm on the Application of the Rules of Evidence to Electronically Stored Information.

This is the second half of the Grimm lecture.  He is a terrific judge and scholar and gave this entire lecture without any notes of any kind. He did so after a full day of other e-discovery work at an event he attended with Ralph Losey. He is dedicated to his work and a master of the rules of evidence as this off-the-cuff lecture demonstrates.





SUPPLEMENTAL READING: Review the Lorraine v. Markel decision, again, to help follow this lecture and look at the Evidence Rules cited too. Congrats, you now know more about evidence and ESI than 98% of the legal profession!

EXERCISE: After thinking about all of this, consider what part of this presentation you have the most difficulty in following. What questions do you have? Obviously if you are not a trial lawyer and have not studied all of the Rules of Evidence, this may all be very hard, but try and pick out the most difficult areas. If you are a lawyer or law student and think you may want to go into litigation, then taking an evidence course or CLEs is highly recommended. In any event it is good to have some exposure to the rules of evidence. What step in the EDBP model are they critical to an e-discovery lawyer’s work? Suggest you talk about this stuff with any practicing attorney you can get to listen.

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!

Copyright Ralph Losey 2015

Ralph Losey is a practicing attorney who specializes in electronic discovery law. He is a principal in a U.S. law firm with over 50 offices & 800 lawyers where he supervises electronic discovery work and litigation support. Ralph has written over two million words on law and technology, including six books on electronic discovery. His latest books are "E-Discovery for Everyone" (ABA 2017) and "Perspectives on Predictive Coding" (ABA 2017) (ed. & contributor). His blog is widely read in the industry: "e-DiscoveryTeam.com." Ralph is the founder and principal author of "Electronic Discovery Best Practices" and "e-Discovery Team Training," a free online course covering all aspects of e-discovery. Ralph's sub-speciality is the search and review of electronic evidence using multimodal methods, including artificial intelligence. He also has a free online training program to teach these advanced methods - the "TAR Course." Ralph has devoted a month of his time each year since 2013 to research and test various AI-enhanced document review methods. In 2015 and 2016 Ralph and his Team participated in the TREC Total Recall Track experiments sponsored by the National Institute of Standards and Technology. Ralph has been involved with computers and the law since 1978. His full biography is found at RalphLosey.com. Ralph is the proud father of two children, Eva M. Losey and Adam Colby Losey, a high-tech lawyer married to another e-discovery lawyer, Cat Jackson Losey, and, best of all, Ralph has been married since 1973 to Molly Friedman Losey, a mental health counselor and life-long friend.

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