Electronic and Social Discovery with Scott Malouf

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In this week’s episode of The Law Practice Doctor, Sam Gaylord interviews Scot Malouf, who is a litigator with more than 10 years’ experience in commercial claims, construction litigation, and insurance matters. He joins Sam on the show to discuss the growing field of electronic and social discovery.


  • What is E-discovery?
  • How should people understand E-discovery, and what should they be asking for?
  • What are the tricks for locating party and witness information?
  • Who are the people coming to you for assistance on their projects?
  • How do you approach E-discovery when a judge isn’t familiar with it?
  • What should people focus on when it comes to presenting E-discovery information while using it most effectively?
  • What other social forums should people be looking into?




  • Discovery and e-discovery are now one in the same. All the records that at one point would have been in paper documents are now in electronic format.

What to Ask For

  • How do we defensively, legally, ethically not do things?
  • Who is involved in this case, and what systems did they use?
  • Are you taking company data off-site (from work computer into personal cloud accounts)?
  • Tally up how much data there is.
  • What types of data exist?
  • Assume there will be problems, and build that into your schedule.

 Practice Focus

  • Plaintiff personal injury bar
    • There are a lot of laws about preservation and data mapping.
    • Clients are creating a lot of data but don’t have traditional tools that the IT department and data director does.
  • Commercial litigation bar
    • All companies are creating and using a lot of data.
  • Employment
    • Lawyers constantly use LinkedIn, but is it surprising how clients use it.

 E- Discovery Universe  

  • Facebook: Personal injury matters.
  • LinkedIn: Employment matters.
  • Chat: Instant messaging such as Slack is becoming important in the workplace.
    • Chat is the new water cooler, so there is a lot of informality and authenticity. This backfires, as it is now searchable.

 How to Be Most Effective

  • Don’t get bogged down by volume, thinking presenting more is better.
  • Similar to all evidence, weave it into your story. Focus on what you are really trying to tell.
  • Try to avoid on-paper, and instead create PowerPoints or show it live.

 Social Forums For Marketing

  • Attorneys are focused on using social platforms to talk about cases; however, platforms are excellent for listening.
  • Social media is your chance to see the community and what issues they are talking about.
  • How are people talking about their issues, and what terms are they using?
  • Spend time on platforms where prospective clients are.
  • If you speak a foreign language or serve a community that has overseas connections, see what foreign tools they are using.
    • Periscope: Forces attorneys to shed perfection.
    • Twitter: Local media is still accessible on Twitter.
    • Pinterest: Predominantly female audience.
  • Social platforms can be industry-specific, as well as generational.
  • Always measure the quality of the website and know how they work.


  • This is an online legal services marketplace that offers on-demand legal advice through an Avvo advisor.
  • Understand what questions you want customers asking and how are they being responded to?
  • If you claim your Avvo profile, you are ethically responsible for what is put up there.
  • There is a digital code that you can place on your website that shows your rating.
  • The platform brings clients in, but you always want a direct relationship with the client and have them turn directly to you instead of having Avvo bring them to you.
  • If Avvo manages the relationship, and the terms change, then this could be an issue. Always build your personal list.


Scott Malouf


The Social Media Ethics Guidelines

Social Media Jury Instructions Report



What is E-Discovery and how does it affect you? Find out with @ScottMalouf @gaylordpoppllc http://www.gaylordpopp.com

How should we understand E-discovery & what should we ask for? Find out w/ @ScottMalouf @gaylordpoppllc http://www.gaylordpopp.com



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