Why MidwestESI Discovery
In April of 2009, the Wisconsin Judicial Council petitioned the Wisconsin Supreme Court to amend the Wisconsin Rules of Civil Procedure related to discovery to specifically acknowledge the existence and discovery of electronically stored information. While one of the Council’s stated goals is to “reduce the economic burden on litigants,” it does not intend to “prevent discovery regarding any matter, not privileged, which is relevant to the subject matter…” of a case. In re: PROPOSED AMENDMENTS TO WISCONSIN STATUTES §§ 802.10, 804.08, 804.09, 804.12 AND 805.07, April 23, 2009.
While the proposed amendments are adapted from the federal rules, one significant difference is the lack of a requirement that the parties confer early in the process regarding ESI (electronically stored information) discovery. However, because the proposed amendments
- permit a requesting party to specify the method of production of ESI;
- permit a requesting party to specify that different types of ESI be produced in different forms;
- permit a responding party to object to the requested form; and
- require a responding party to state the form it intends to use (if the requesting party fails to specify or if the responding party objects),
it is advisable to take advantage of the opportunity to address ESI at least as part of the scheduling conference. Early discussions can prevent protracted, expensive discovery disputes, and keep the focus on the merits of the case.
Predictable Pricing Eliminates Guesswork 
Midwest has listened to its clients and instituted a new pricing schedule that charges for most eDiscovery processing elements by GB charge or flat rate rather than per page or per record. A glance report can be provided at a minimal cost and if Midwest is then hired to handle the project, the report cost is credited to the project. Until this new format was launched, it was always a challenge to provide definitive budget numbers for projects when the page/record volume can be so erratic. Midwest listened to the feedback of our clients and designed a new system that will allow for predictable pricing. Due to the investments that Midwest has made and the advancements of the software and hardware utilized, Midwest is uniquely positioned to handle any volume with reasonable turn-around. If you are intrigued by the concept – contact Jackie Barribeau or Shawn Olley for further details. 414-764-2772 jackieb@midwestparalegal.com; solley@midwestparalegal.com
Growing Numbers
A University of California-Berkeley study estimated that in 2002, only 5 Exabyte’s of new information were created across all physical media (print, film, magnetic, and optical). In 2007, the amount of purely digital information created, captured, and replicated was estimated to be 281 Exabyte’s, and is expanding by a factor of 10 every five years. To give these numbers some perspective, a single Exabyte is equivalent to about 50,000 years of DVD quality video.
When Insurance Companies Call the Shots
As is true in most things, the one that holds the purse strings, calls the shots. These days the purse strings are held more and more often by the insurance companies. Funds are tight and the insurance companies are not just looking over counsel’s shoulder, they are sitting in their lap. This adds another layer to the authorization hierarchy as steps are taken to walk through the maze of litigation. Midwest has consulted on many projects providing the needed statistics and layered approach to discovery. No longer is coding/indexing done in mass – fields are populated by priorities established based on document type. Is it really necessary to spend 80% of the budget to find 20% of the documents? Can an understanding be met by adversarial parties to agree on producing “most” of the documents?
Using Midwest’s reporting function, an audit can be done of electronic productions and give the scope of project figures to the insurance company footing the bill. Direction can be more easily focused in an area that is going to provide the best bang for the buck. Insurance companies monitoring can be provided with absolutes in order to set a realistic budget and not have surprises down the road for which they question coverage. Consider the glance report step and utilize Midwest as a conduit with the insurance company watch dogs.
Which Software Should We Get? 
Consultation on compare and contrast: If you are looking for demonstrations and consultation on which product to purchase, contact Midwest Paralegal for a meeting in your office. Midwest provides an evaluation of the products and advises, based on your needs/priorities, which software may work best for your practice.
Midwest is a reseller for:
The system analysts at Midwest can be hired to set up the software on your systems and trouble shoot to get you up and running. The listed products that we resell, are products Midwest knows very well. We can help you avoid the common mistakes committed by IT staff unfamiliar with the software and related hardware requirements.
Midwest Madison Starts Its 5th Year
2010 starts Midwest’s fifth year with a presence in Madison. Our current location is a block off the capital square on Washington Ave. Karen Johnson continues as manager of the Madison office along with Kris Opheim. Madison has full scanning and eDiscovery processing capabilities and also has the support of 32 staff members in the Milwaukee office. Karen and Kris assist on any project driven jobs along with the eDiscovery processing. Give Karen or Kris a call, they’d love to stop in and give you a quick update on services. (608) 255-0559
Midwest added Scott Nelson as a Systems Analyst at the Oak Creek Office. Scott will handle all help desk issues and monitor the server and space allotments of Midwest’s many cases.
Roland Johnson has been moved to the eDiscovery team to handle eDiscovery assignments. Roland has been the systems analyst with Midwest for four years. During his tenure Midwest has increased its capacity tenfold. He will continue to be back up to Scott’s position.
Dana Huck received her CCST recertification (Concordance Certified Software Trainer) with LexisNexis for 2010.
Shawn Olley received her SCT recertification (Summation Certified Trainer) in December 2009 for the highest version of Summation LG products (3.0). Ms. Olley is the only certified trainer available for hire in the State of Wisconsin.
Glenn Hertel has decided to pursue other interests and has moved on to concentrate on those endeavors after nearly eight years with Midwest. He leaves behind many friends that look forward to seeing the many achievements that await him.
Midwest Paralegal received its national recertification for 2010 as a WBE (minority/diversity) vendor. (see article on first page.)
Midwest Paralegal Services, Inc. has also been re-certified by the Dane County Targeted Business Enterprise Program as a Woman Business Enterprise (WBE), which insures that the firm shall be provided with the maximum feasible opportunity to participate in all of Dane County's contracting and procurement opportunities. The certification is valid till 2012.
