Author Interview: Heather Kubiak on E-Discovery


Technology offers opportunities for simplifying your practice, but it can also lead to complications. TexasBarBooks recently caught up with the enthusiastic and technologically fluent Heather Kubiak, one of the contributing authors of Texas Perspectives on E-Discovery, and asked her some questions regarding technology and the law.  We will run it in two parts.

What is your simplest tip on how to keep from being overwhelmed by all of the attention that electronic information requires?

First, it’s important to assess your own goals in any given case and to cooperate with your opposing counsel.  Don’t let e-discovery drive your case, and don’t let it become an expensive side-show.  Reach some understandings and protocols with your opponent immediately.  I cannot stress the importance of meeting face-to-face with your opposing counsel.

In order to adapt to the times and even innovate, what sources do you rely on?

Now that I have my own firm and represent (for the most part) smaller companies, I am constantly reading and searching for the best technology.  I follow technology religiously.  I have also found that the Sedona Conference is an excellent place to stay up to date on best practices in e-discovery.

Finally, I have been writing and speaking on the subject of technology in the practice of law, and the questions from the audience have kept me searching for the most current information.  For example, with so many people and companies outsourcing the hosting of data to third-party companies (such as Google), issues arising from company-owned servers have started to wane, and preservation and collection from third-parties is emerging as an interesting topic in e-discovery.

Heather Kubiak is founder of the Kubiak Law Firm in Houston. She graduated from the University of Texas School of Law in 1998 with honors and has been named one of the Rising Stars of the Texas Super Lawyers multiple times.

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