His latest book on the subject, “e-Discovery for Everyone,” was recently made available by the American Bar Association, the book’s publisher.
Losey tackles topics spanning search methods, new federal rules on Civil Procedure, advice regarding litigation holds, transparency, ethics and the importance of cooperation during the e-Discovery process, among other topics, according to information from the American Bar Association.
“I like to write, especially about … the interface of law and technology. That has been my focus as a lawyer since the late 1970’s,” Losey said. “I hope that my writings on e-Discovery will help advance and shape the positive development of the legal profession.” Losay is an attorney at Jackson Lewis P.C., author of several other e-Discovery books, lecturer, and recent contributor to, and editor of, the book 'Perspectives on Predictive Coding and Other Advanced Search Methods for the Legal Practitioner.'
e-Discovery is a digital process for the procurement and storage of writings, pictures and other non-testimonial evidence in court cases. Losey said part of the reason he is such a prolific writer is genuine passion for his craft.
“No one writes that much unless they love the process, which I do,” he said. Losey said, though, there are often challenges that come with the research and writing process, namely, the sometimes harsh reality others may take issue with the content. “I try not to offend too many people, but when you are committed to telling the truth in your writings, that can be very difficult,” Losey said.
Retired U.S. Magistrate Judge John Facciola had high praise for the book, describing Losey as “utterly fearless” and noted he “insists that [technological changes] and their often drastic implications for the courts, the lawyers, and their society be considered soberly and realistically.”
“He is as comfortable with the insights of social psychology, philosophy and mathematical reasoning as he is with metadata,” Facciola wrote. “And, the man refuses to be dull. His posts are full of song lyrics, truly corny jokes, and clever drawings; the man insists that we enjoy his work and our own and that we not be intimidated by our own future.”
The book is intended to provide an “introduction to e-discovery that is easy to navigate, informative and comprehensive without being overwhelming,” according to information from the ABA. Losey recommends anyone new to e-Discovery: “Read up, study hard, and bring in consultants to help you, especially at first.”
Losey said his new book dedicates fully five chapters to ethics, which are “very important to all human endeavors, especially legal work.” He said the “duty of competence and the duty to disclose evidence found that could harm your client's case,” are among some the most pressing questions regarding e-Discovery.
Losey, who holds a B.A. from Vanderbilt University and a J.D. from the University of Florida School of Law, is also the proprietor of the website www.FloridaLawFirm.com. A copy of the book can be purchased at www.shopaba.org.