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| Discovery Referee Contact Richard E. Best |
| This site was posted to the present location in November 1999. The legal content is based on the Civil Discovery Case Law Outlines first prepared by Commissioner Richard E. Best in 1980 and used in continuing legal eduction programs since then. The balance of the site is the response to requests and suggestions to inform litigants of practice and procedures related to civil discovery. Your constructive comments are much appreciated and will assist in the continuing development of this site. |
Education
A.B., Indiana University, College of Arts & Sciences, Economics, 1965
LL.B, Columbia University, School of Law, 1968Admitted to practice law [retired /inactive]
New York, 1968
California, 1971Private court appointed Discovery Referee, Private Judge
Adjunct Professor of Law, Golden Gate University, School of Law, 2005
Observer, The Sedona Conference, Working Group on Best Practices, Electronic Document Retention & Production
Advisor, California State Bar, Executive Committee, Litigation Section
2008 recipient Spirit of CEB award for contributions of continuing education and service to the profession
2005 recipient Electronic Evidence Thought Leading Scholar Award
Court Commissioner, San Francisco Superior Court, 1974-March 15, 2003
Discovery and other law & motion matters heard since 1974
Member, Civil & Small Claims Advisory Committee to California Judicial Council, 1999-2001
Chair, Discovery Subcommittee, 2000, 2001Proposed, drafted, and worked to enact legislation on civil procedure and evidence including legislation for use of technology in civil litigation and discovery, Code of Civil Procedure §§2017(e) & 2025(h) enacted in 2001 and effective 2002
Proposed, drafted, and worked for adoption of California Rules of Court and legislation on civil procedure and evidence including Rules 335, 341, E.C. §915, CCP §2026
Formed lawyers committee on employment law form interrogatories which led to adoption by the Judicial Counsel of form interrogatories for employment law litigation
Formed lawyers committee to evaluate need for special rules and discovery relating to electronic data and documentsProposed California E-Discovery Rule submitted to Judicial Council in 2004
Contributor to continuing legal publications on civil procedure, probate, and conservatorships published by Continuing Education of the Bar, The Rutter Group, Nolo Press, BNA, CJER Tech Journal, Pike & Fischer, California Center for Judicial Education and Research; Contributing Editor, Civil Procedure Before Trial, The Rutter Group; Advisory Board, Digital Discovery & e-Evidence, Pike & Fischer,Inc.
Recent Publications
“California Discovery Practice Under the Electronic Discovery
Act,” California Continuing Education of the Bar, 31 Civil Litigation
Reporter 122 (CEB, 2009)
“E-discovery
Update”
California
Litigation:
The
Journal of the Litigation Section,
State Bar of California (2009)
"E-Discovery Pocket Guide,"
drafter of document forExecutive
Committee, Litigation Section California State Bar, 2008
"E-Discovery for the Routine Case", ABTL Report, Volume 16,
Number 3, Summer 2007. Association of Business Trial Lawyers of
Northern California
"E-Discovery:
What
Courts
Expect
of
Counsel"; Judge's Prospective:, California Civil
Litigation
Reporter; October 2006; Volume 28, No.5;
Regents of the University of California, Continuing Education of the Bar
"Taming the Discovery
Monster"
California
Litigation: The Journal of the Litigation Section, State Bar of
California, November, 2005
"E-Discovery
Basics" California
Litigation: The Journal of the Litigation Section, State Bar of
California, August 2005
"Making E-Discovery
Work" Oregon Association of Defense
Counsel, June 2004
"How, When & Why to Use a Discovery
Referee", Pike & Fischer, Digital
Discovery
&
e-Evidence, Vol.5,No.1, January, 2005
"Why Discover Electronic Documents"
Association of Defense Counsel, Northern Calif &Nevada (2003)
"The Need for
Electronic Discovery Rules", Modern
Practice, Findlaw(2002)California
E-Discovery Legislation
Digital Discovery & e-Evidence Pike
& Fischer,Inc. (2002)
Discovery, Ch.8; Calif. Practice Guide
Civil, Procedure Before Trial, Rutter Group, major revisions and
updating, 2002.
"New Authority for Implementing
Technology in Discovery" Tech Guide for
California Courts, Vol.3, No.3,
California Judicial Education & Research (2002)
"Discovery Of Electronic Data & Documents" Selected Civil Law Topics
(CJER 2001)
"Discovery Case Outline" Discovery
Planning: Strategies, Tools & Tactics,
(CEB
2001)
"A Web Site for Every Court", Tech Guide
for California Courts, Vol.2,
No.1(CJER,2000)
"Discovery of Electronic Data & Documents", Discovery
& Admissibility of Electronic Evidence (CEB
1999)
2006 Continuing Legal Education
2004 Continuing Legal Education
New
Realities in E-Discovery: Lessons Learned and Practical
Applications
"The Digital “Sword of Damocles” -
How to Address the Spoliation of Electronic Evidence"
Georgetown
Law Center, October 7-8, 2004.
Washington, D.C.
TAKING EFFECTIVE DEPOSITIONS
June 2, 2004; 9:00-4:30
Richard Best, Mary Alexander, Frank Pitre, Dave McClean
San Fraancisco
Lorman Education Services
Glasser Legal Works
Legal Technology Show
April 15-16, 2004
Panels
Hyatt Regency Hotel
San Francisco, Ca.
Conferences of Chief
Justices
National Center for State Courts
Chief Justice Randall T. Shepard, Indiana Supreme Court
Mary Alexander, Tom Allman, Ken Withers, Virginia Llewellyn, Judge Fern
Smith
January 20, 2004
San Francisco
Sedgwick, Detert,
Moran & Arnold
January 9, 2004
San Francisco, Ca
2003 Continuing Legal Education
presented in part by Richard
E. Best
Electronic Discovery In Employment Law
November 21, 2003
Walnut Creek Marriott
Conta Costa MCLE Spectacular
"Discovery in Fiduciary Litigation for Trusts & Estates Lawyers"
Dom Campisi (SF), Mary Gillick (Luce Forward, San Diego), Richard
E.Best
Saturday, November 15, 2003, 1:15 to 4:30 p.m.
San Francisco, Crowne Plaza Hotel
CEB Continuin Education of the Bar
October 30, 2003; 5:30
Arrivederci Cafe; 11 G Street, San Rafael
Marin Trial Lawyers
Recent Develop[ments in Electronic Discovery
American Bar Assoc.
Robert Phillips, John Pendleton
August 11, 2003; 9:00-12:00
San Francisco, Ca.
TAKING EFFECTIVE DEPOSITIONS
June 25 2003
Richard Best, Mary Alexander, Frank Pitre, Jack Slobodin
San Fraancisco
Lorman Education Services
"Electronic Discovery: What You Need to Know Now."
June 5, 2003, 8:30 - 12:00
Geoffrey Howard, Rachael Chatman, Rob Shives
Grand Hyatt Hotel
San Francisco
June 3, 2003
Los Angeles
Kroll Ontrack Inc.
Association of Defense Counsel
Steve Brower, Magistrate Judge Valerie Cooke, Comm'n. Wes Ayers
Reno, Nev.
May 16, 2003
Legalworks Seminars
Getting Technology Right: 6th Annual Technology
Answer Show
Strategies & Best Practices of Cost Effective Electronic Discovery [Tuesday]
Multimedia Depositions, Remote Arguments [Wednesday]
Demystifying Electronic Discovery,Effective Recods Management & Risk Control [Wed. Breakfast Workshop]
April 22-23, 2003
San Francisco Hilton Hotel
Glasser Legal Works
Litigation Section, San Francisco Bar Assn
SF Bar Assn.
April 10, 2003; 12:00 noon luncheon
Commissioner Everett A. Hewlett Jr., William Lee and Richard Best
Civil Discovery in San Francisco
CLE Discovery Program
Hancock, Rothert & Bunshoft
4 Embarcadero Center 3rd floor
San Francisco, Calif.
April 3, 2003, 5:00PM
Effective Use of Technology in the Litigation Practice
Friday, March 21, 2003
San Francisco, California
Grand Hyatt San Francisco
http://www.theseminargroup.net/htmls/seminars/03disca/index.htm
Electronic Evidence Discovery
School of Law
Univ.Missouri Kansas City
Kansas City, Mo
March 7, 2003
2002 Continuing Legal Education
presented in part by Richard
E. Best
Electronic Discovery
Association of Defense Counsel Annual Meeting
December 5, 2002
San Francisco, California
Sixth Annual Electronic Discovery & Records Management Seminar
December 5, 2002 San Francisco
Glasser Legal Works
Discovery of Electronic Data & Documents
Assigned Judges Continuing Education
October 18, 2002
San Mateo, Calif.
California Center for Judicial Education and Research
EFFECTIVE USE OF TECHNOLOGY IN LITIGATION
Keynote address
Panelist on ethics issues
September 26-27,2002
Seattle, Washington
TAKING EFFECTIVE DEPOSITIONS
June 2002
Richard Best, Mary Alexander, Frank Pitre, Jack Slobodin
San Fraancisco
Lorman Education Services
FUNDAMENTALS OF PRETRIAL PRACTICE
April 19 & 20; 12 hour CEB program
San Francisco,
Continuing Education of the Bar
BNA Litigation Forum--Electronic Discovery: Best Practices and Evolving
Law
Moderator of panel on privilege issues
San Francisco; April 4 & 5 2002
Essentials of Electronic Discovery
Moderator of 5 panels
March 2002
Los Angeles San Diego San Francisco Sacramento Orange County
Continuing Education of the Bar
San Francisco Discovery Practice
Barristers Club, San francisco Bar
February, 2002
Electronic Discovery: Tips Tactics and
Technology
Keynote: "Making E-Discovery Work: rules, referees and reason"
February 5, 2002
Los Angeles
Ontrack
2001 Continuing Legal Education
presented in part by Richard
E. Best
Fifth Annual Electronic Discovery & Records Management Seminar
November 30, 2001 San Francisco
Glasser Legal Works
Retired Judges
Electronic Discovery
San Diego, November 2
California Center for Judicial Education and Research
Latest Deposition Techniques
October 19; November 14, 2001
San Francisco Bar Association
Electronic Discovery and Other Prickly Discovery Issues
CELA Annual Conference
San Francisco; October 27, 2001
California Employment Lawyers Association
BNA Litigation Forum--Electronic Discovery: Best Practices and Evolving
Law
San Francisco; October 15 &16
BNA; Pike & Fisher
Continuing Judicial Studies Program,
Electronic Discovery
San Diego, August 5
California Center for Judicial Education and Research
DISCOVERY: STRATEGIES & TACTICS FOR SUCCESS
San Francisco Sacramento; July 2001
Continuing Education of the Bar
TAKING EFFECTIVE DEPOSITIONS
June 2001
Richard Best, Mary Alexander, Frank Pitre, Jack Slobodin
San Fraancisco
Lorman Education Services
April 24,25, 2001
5th Annual Technology Answer Show
San Francisco
Glasser Legal Works
Electronic Discovery
Civil Law and Procedure Institute
Monterey, January 27, 2001
California Center for Judicial Education and Research
1999 CONTINUING
LEGAL
EDUCATION
presented in part by Richard
E. Best
November 1999; 12 hour CEB program
FUNDAMENTALS OF PRETRIAL PRACTICE
San Francisco, November 5&6
July 10 & 24, 1999
STRATEGIC TIPS FOR SUCCESSFULLY PROPOUNDING & OPPOSING WRITTEN
DISCOVERY, CEB
Sacramento & San Francisco(moderator)
June 25, 1999
TAKING EFFECTIVE DEPOSITIONS
Richard Best, Mary Alexander, Raoul Kennedy, Frank Pitre, Jack Slobodin
Lorman Education Services
San Fraancisco
May 7,8,15,21,22, 1999; Moderator
San Diego, San Francisco, Century City, Anaheim, Sacramento
DISCOVERY & ADMISSIBILITY OF ELECTRONIC EVIDENCE
CEB
March 26, 1999; San Francisco
COMPUTER DISCOVERY & ELECTRONIC DATA RETENTION RISK CONTROL
Glasser Legal Works
March 3 & 27, 1999 Arne Wercheck, Arthur J. Casey, Richard Best
DISCOVERY: STRATEGIES & TACTICS FOR SUCCESS
San Francisco(moderator) & Sacramento
September 15, 1998; Everet A. Hewlett, Barbara Lawless & Richard
Best
Queen's Bench ABC's of Law
San Francisco Courthouse
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