What are Information Tactics?
Lawyers often confuse the logistics of dealing with large scale discovery with the tactics used to exploit the information found within it . Logistics deal with orchestrating a work process to execute the proper sequence of actions so that we may comprehend what documents, electronic communications, Internet product and digital records are in discovery. Logistics have to be efficient, economical and delivered on time. What well managed logistics don't deliver is trial value. Information tactics do.
Information tactics are how we use the knowledge we acquire about the facts to make the best case from those facts. Unlike logistics, tactics exploit the information at hand to achieve an end. It is not enough to understand the evidence; trial lawyers have to find the persuasion in it.
Sometimes lawyers buy litigation support logistics and think they are buying tactical solutions. Sometimes lawyers think that trial tactics just appear without the need for disciplined logistics. All such lawyers end up wondering why they lose complex cases. Skillful case logistics and skillful information tactics are two separate bodies of expertise that have to be brought together to succeed with complex discovery at trial.
The False Divide: Digital and Paper Discovery
Many lawyers and legal technologists take a "divide and conquer" approach to dealing with paper document discovery as opposed to digital discovery. They falsely assume that because words printed on paper and computer generated text are the products of radically different technologies, they should have separate processes of organization and analysis. Different logistics may apply to different kinds of discovery based on the technology that originated them, but the tactical decisions to be made about how even a single item in discovery will become important at trial must take into account all sources of information. If the kind of technology that created a document is prioritized over its content, its probative value as part of the whole and interwoven body of proof is diminished.
Trial Discovery Analysis is Message Driven, not Media Driven.
We take a more holistic perspective, organizing and analyzing the entire discovery set, not based on what technology was used to produce it, but upon the substance of its content and the common patterns revealed in the entire stream of communications found in the discovery. To become valuable trial evidence, all written, electronic and recorded communications must first converge into one common pathway of organization, analysis and tactical assessment. Jury persuasion is a quilt made from different pieces of the evidence, not cut from the same color cloth.