One obviously bright and experienced participant wrote the following on a LI conversation about VLOs:
“I really hate to be the one who throws cold water on the VLO model. There is simply too much risk in managing litigation under the VLO plan. A lot of plaintiffs and certainly most solos will not have the litigation budget to adequately preserve electronic evidence under the current federal rules. FRCP Rule 34.
There are too many expensive chain of custody, metadata, spoilage, and other problems that accompany the discovery process..The other side is going to wipe out the entire budget with motions to compel production of evidence that everyone knows is spoiled by improper handling..That’s why they alway file the motion to compel; because so few people can actually produce an unadulterated electronic document. It won’t surprise anyone that this happens when home based solos try to litigate document intensive claims against well funded opposition with very high technological acumen.
Check out the powerpoint show on the right hand side of the evidox.com webpage..This is possibly the most compelling evidence against home based solo litigation practice; at least in Federal Court…. http://www.evidox.com”
Not only am I grateful for his contribution, but I totally agree with his comment regarding litigation practice. There is risk and going alone in complex cases will be terrifying! Strangely, the same participant previously wrote: “It would take quite a collective agreement to make the practice operate smoothly..” He’s obviously found the solution, but he does not yet believe in the solution. As those of you that know me, I don’t present a problem without a solution. It’s simply uncivilized! 😉
Nonetheless, these referenced collective agreements already exist (law firms), and increasingly as groups of aligned solos and small firms (SSFs). I remember one such group about 8 years ago. They were plaintiff’s lawyers in credit reporting. About 30-40 plaintiff’s lawyers worked against some of the largest firms and most intelligent lawyers defending the Credit Reporting Agencies. Whilst not unprecedented, and remaining detached from the context of their motivation, I was impressed. They shared resources, and covered each others’ depositions, appearances, etc. almost seamlessly. Each by him/herself would have suffered a swift end to their practice and health from the highly effective tactics of a big defense law firm.
“1000 bees” taking down an elephant is not a new paradigm. It has simply never been so easy to form without capital and a long process of building trust. It doesn’t mean the elephant is extinct, nor that this evolution will not be without challenges.
Whether I like it or not, whatever my personal emotional biases, I cannot stop this occurring on a global scale. Who wants to play with me and share their resources (in Virtual Enterprise Networks) will be increasingly more important to my professional success than most of my individual achievements.
Jorge Colón's Blog 