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Discovery Team LAW and TECHNOLOGY Ralph Losey 2. Playing games is a great way to learn. Thats one reason Ive devised a game concerning the interesting and fairly complex issues involved in trying to determine what e discovery activities are proportional and appropriate in various sized cases. The world of independent media, all in one place. Omega Supreme is one of the largest Autobots there is. He isnt much for words, preferring his massive frame and equally massive weapons to do the talking for him. False Flag Terrorist Bombings, Murder Plots, And More The Stunning Revelations In The JFK Assassination Files. Omega Trust Prosperity Programming' title='Omega Trust Prosperity Programming' />Specifically, what should you do to prepare for federal court 2. Small, Medium or Large Goldilocks game of proportionality. I have had to give these proportionality questions a lot of thought as part of my practice as a lawyer supervising hundreds of e discovery projects at a time, projects of all different sizes. I could simply give you my answer, but after five books, Ive already been there and done that. So I thought Id try something new and make this learning into a game where you consider and vote on what activities you think are appropriate for a Small, Medium or Large case. The format of this proportionality game is loosely based on the ideas of Hive Mind, a pretty cool new insight into collective intelligence, which, as Wikipedia puts it, is a shared or group intelligence that emerges from the collaboration, collective efforts, and competition of many individuals and appears in consensus decision making. See Is Collective Intelligence a safer form of A. I The Hive Mind is different from Crowdsourcing, but related. To do properly, a Hive Mind requires Swarming, which we cannot really do properly in this game using polls. Louis Rosenberg, Super Intelligence and the virtues of a Hive Mind Singularity, 21. One Silicon Valley startup Unanimous A. I., is developing technologies that enable sophisticated online human swarming and thus better collective intelligence. I might try their free product for social research, UNO, if I further investigate the power of the Hive Mind. Maybe at NY Legal. Tech Email me if youre interested. In the meantime we are going to use simple polling for the e Discovery Hive Mind Game Small, Medium or Large Lets play the game and see what collective intelligence emerges from many individuals giving their opinion about proportionality and e discovery. I am playing this game now with all of the litigation associates and paralegals in my law firm, which is a pretty large swarm by itself. Your responses will join in the swarm, the collective intelligence. In January Ill share the results of all the polling and opine away as to how well the Hive Mind performed. You can win the game in one of two ways, either by matching the most popular Hive Mind responses or by matching my responses. I assume there will be a difference because not enough experts will be playing, but who knows, maybe not. In theory, with enough experts swarming, the group, the Hive Mind, will always have the best answer. Background To Play the Game. In order to play the Small, Medium or Large Southern District Court of Florida of all of the things that you should do to prepare for e discovery in a large case. It is a pretty good list and I have written about it before. Good New 3. 3 Point e Discovery Checklist From Miami e Discovery Team, October 1, 2. My article contains comments and explanations about all checklist items, which is the beginning of a kind of swarm interaction, that is, if you take time to ponder the signals. The Courts checklist incorporates the new provisions in the rules on relevance and proportionality Rule 2. Rule 3. 4b2. It is not a perfect list, but it is the best one now out there with a court pedigree. It is not too long and complex, like the older lists of some courts that are very detailed, and not too short, like the easy peasy list that Bill Hamilton and I created for the Middle District Court of Florida many years ago. Attorneys still complained about how burdensome it was In sum, the 3. Point Checklist out of Miami is a good list for legal practitioners all over the country to use to prepare for e discovery, which means it is a good basis for our Small, Medium or Large Hive Mind Game. Come play along. Rules of the Game. The goal of our Hive Mind Game is to determine which of the thirty three points on the checklist are applicable to big cases only, which are applicable to medium size cases and which to small cases. You are to assume that all thirty three points apply to large cases, but that they are not all applicable to medium and small size cases. The Hive Mind voting is used to allow the swarm thats you to identify which of the thirty three only apply to small cases, and which only apply to medium size cases. If a checklist item applies to a medium size case, it automatically also applies to a small size case. In other words, the game is to sort the thirty three into three piles, Small, Medium or LargeSimple, eh Well, maybe not. This is a matter of opinion and things are pretty vague. For instance, Im not going to define the difference between large, small and medium size case. That is part of the Hive Mind. The game is important because proportionality in the law is important. You do not prepare for a big case the same way you prepare for a small case. You just dont. You could, but it would be a waste of your clients money to do so. So the real trick in e discovery, like in all other aspects of the litigation, is to determine what you should do in any size case to prepare, including even the small cases. For instance, outside of e discovery, most people would agree that you should take the parties depositions as a minimum to prepare for a trial of any size case, including small ones. What are the equivalent items in the 3. Which of them should be applied to all cases, even the small ones Which of them are too complicated and expensive to apply in a small case, but not a medium sized caseWhich too complicated and expensive to apply in a small or medium sized case, but not a large one That is where the real skill and knowledge come in. That is the essence of the game. Assume All 3. 3 Items Apply to Big Cases. Paint Splatter After Effects Free Download here. This Small, Medium or Large Hive Game requires you to assume that all thirty three items on the Courts checklist apply to big cases, but not to all cases, that there are certain checklist items that only apply to medium size cases, and others, a smaller list, that only apply to small cases. You may question the reality of this assumption. After all, the Court does not say that. It does not say, heres a checklist we made to guide your e discovery, but you can ignore many of the items on this list if you have a small case, or even a medium size case. Still, thats what they mean, but they do not go on to say whats what. They know that the Bar will figure it out themselves in due time, meaning the next several years. And right they are. But why wait Lets figure it out ourselves now with this Small, Medium or Large Hive Game, and condense years to weeks. The Hive Game will allow us to fill in the blanks of what the Court did not say. But first, lets focus again on what the Court did say. It said that the checklist may be used by members of the Bar to guide the Rule 2. Case Management Reports. It did not say shall be used. It is a suggestion, not a requirement. Still, as every long term member of the court knows, what they mean is that you damn well should follow the checklist in a big case Woe unto the lawyers who come before the judges in a big case with an e discovery issue where they never even bothered to go through the checklist.