I frequently field this question: "Hi Craig. I'm a tech-savvy lawyer and want to serve as an e-discovery special master. What advice can you offer me? And what does a special master do exactly?"
A special master for electronically stored information is a technical expert -- ideally a lawyer -- appointed by the court to manage and resolve discovery disputes involving electronic evidence.
Governed by FRCP Rule 53 in the federal courts, an SM-ESI enjoys such powers as the court delegates, subject to de novo review by the judge. Courts may turn to special masters when the judge lacks the technical expertise or time to address complex or contentious e-discovery disputes.
An SM-ESI may sort out search terms, fashion collection protocols, investigate spoliation, resolve privilege concerns, arbitrate forms of production, suggest sampling scenarios, apportion costs and make sanctions recommendations. It's fascinating, challenging, creative work.
But there's more to being an effective SM-ESI than legal and technical know-how. Special masters don't have skills training courses such as those available to lawyers, judges and mediators. We learn by doing and from our mistakes.
TIPS & TECHNIQUES
Here are some lessons I've learned in the trenches.
Special masters are often appointed because the parties won't cooperate. Discussions are ugly, angry and petty. Demand that backbiting and snide comments cease. When recriminations fly, give them no quarter. Professionals should act professionally, and compulsory courtesy fosters the real thing.
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Source: law.com
By: Craig Ball
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