This is a personal post. I’m baring my soul in hopes that colleagues grappling with doubt and transition will know they are not alone. I’m at a point in my career—in my life, really—where I’m obliged to ask, “Who am I if I’m not that guy anymore?”
At the ILTA conference last month, a colleague lately risen to rarified heights in e-discovery mentioned she’d heard I’d retired. It was a dagger to the heart. I sputtered that, yes, I’d cut back on my insane speaking schedule and was writing less frequently. I was playing more but I hadn’t taken my shingle down.
That’s true, but what I didn’t say was that ofttimes retirement isn’t a choice. It’s thrust upon you when you don’t fight it. And you can’t always fight it. I’m not retired; I’ve just conducted myself as if I were, and chickens have come home to roost. Call it a crisis of confidence. I struggle to feel I’ve got anything to say. After more than 2,000 confident turns at the podium, I feel like a fraud. Do you ever feel that, dear reader? You know, Imposter Syndrome, that feeling that, at any moment, someone might point and say, “you’re not the real deal!”
Let’s put aside the quirks and tics of personality built on shame, insecurity and emotional scarring. We’ve all got that. I think there are three main causes behind my gnawing self-doubt.
The self-serving first is that, having focused on electronic evidence and forensic technology for thirty-odd years, new information must compete for brain space and context against a hoard of old knowledge and experience. I started my professional career when MS-DOS was the dominant operating system and networking meant sharing a daisy wheel printer. That was before e-mail, before the Web and long before mobile. It was possible to be a generalist expert in legal technology, and I was. Back then, you could ask me a question about almost any topic at TechShow and I probably knew the answer. We all did. WordPerfect tips? Sure! The best TSR tools for lawyers? I’ve got that. If you’ve never used WordPerfect or have no clue what “TSR” means, I rest my case.
Expertise demands I acquire new, relevant information and afford it space and ready access among all the once-useful-and-still-occasionally-valuable junk jamming the cerebral storeroom. Did I mention I’m something of a hoarder? It’s a godawful mess in there.
“I know too much” sounds like a Trumpian tweet, and it’s a rotten rationale from anyone. That said, you try keeping track of the forensic artifacts left by Windows XP versus Windows 10, how to crack the latest iOS release and what counts as proof of intentional deprivation under Rule 37(e). I can’t help feeling that life is simpler and confidence in one’s expertise easier to come by when your only context is “now.”
The second contributor to my crisis of confidence is that I’ve lost my laboratory. I no longer work enough matters to feel at the top of my game. It’s not the first time that’s happened. Back when I was trying lawsuits, I spoke frequently about how to create and use demonstrative evidence. I had many examples of visuals I’d built and used in my own cases. They blew folks away. As my practice shifted from first-chair trial lawyer to tech evangelist preaching the gospel of electronic evidence, I no longer built visuals for cases, and my inventory of salient examples grew stale. I lost my laboratory. I stopped making fresh discoveries; so, I stopped teaching demonstrative evidence.
As my engagement in cases has diminished over a few Big Easy years, so, too, has my need to navigate real-world challenges in computer forensics and electronic evidence. I’ve lost my laboratory again and, without fresh challenges, I’m fresh out of insights. I feel rusty, like I’m just an academic.
The third factor is harder to articulate, but it’s a sense that the world has moved on. E-discovery has been “handled.” Forensics is done more by tools than people. Discovery service providers have commoditized and packaged the tasks I once thought lawyers would manage. Civil trials have disappeared, and with them the need to authenticate, offer and challenge electronic evidence. Lawyers no longer do much of what I was helping them to do–or perhaps I wasn’t helping them enough and they’ve found others easier or cheaper to work with.
I don’t discount the unrelenting passage of time either and my aging out (62 last week). Many of my repeat clients have changed careers, retired or died. I did nothing to replace them. Most of the judges who knew me as a go-to guy for computer forensics and e-discovery are off the bench, either by retirement or blown by political winds having nothing to do with their abilities.
Finally, there is competition. I had the field to myself for quite a while. There are more people to go to now. Are they as steeped in e-discovery and computer forensics as I am? Who knows? More to the point, who cares? Lawyers were never especially discriminating when hiring digital forensics and e-discovery experts; less so now. I greatly benefitted from the fact that there weren’t many experts to choose from and amongst lawyers and judges, I enjoyed a high profile. I always strove to be the real deal and supply correct answers; but, if I hadn’t, I’m not convinced anyone would have been the wiser.
I have not retired. I’m still here, and I feel like I have another reinvention in me—a last, best act yet to come. At the same time, I am not so clouded as to miss the signs auguring otherwise. Starting over sounds at once exhilarating and exhausting. I keep wondering: Who am I if I’m not that guy anymore?
I’m fortunate that, even lacking new direction, I enjoy the freedom to move on. No one depends upon me and I have ample savings. As my mother used to say, I just need to handle my money “so I have ten cents left to tip the undertaker.”
I won’t cut it that close and I’ve had a great run (not done, not done); but, I’m worried for those who followed me or found their own way into the field and still need to build their nest eggs. Has it been a hard road? Are they finding it difficult to make a happy living doing what once was so lucrative and exciting? I worry that some followed me down a disappointing path. If you have doubts as I do, please do not despair. Take comfort in schadenfreude. You are not alone, and when we all get to the same place, we can have a wonderful party and talk about it.
Donna Payne said:
Bravo Craig! I related to your article more than any I’ve read in a long time.
As long as you present to an audience, I’ll be there. As long as you write an article or post, I will read it. When you talk, we all will listen and learn. And when you do retire (not done, not done), the industry will have benefited from your wisdom.
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Robert Brownstone said:
Great article !
You’ve still got it on all fronts.
Do not go gentle into that good night.
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Matthew said:
It is an honour to interact with you, and a pleasure to read your postings.
There is a lot of change happening in our legal and forensic and edisco and legaltech worlds and you’re not alone in feeling somewhat uncomfortable world in 2019.
I look forward to many more thoughtful and interesting posts, as you have a very unique perspective and way of writing.
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craigball said:
The honour (and honor) is mine to have you as a colleague, reader and contributor, Matthew
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admin1pfforensicscom said:
Dear Craig,
Welcome to life as most others know it. You have done your time in the trenches and have helped many others. I have recycled the knowledge you have so kindly shared for the benefit others. What that really means is that the good you do is still shared with others.We all thank you one way or another.
I turn 69 years old tomorrow. Here’s a little ‘elder’ hint. Remember that time and energy remain constant. Just because you have fewer work tasks still means that you have the same amount of time to work with. It doesn’t evaporate. Make a new set of goals to match your new time frame. Life is just begining at your age. Keep moving forward and you will understand what I mean more and more. You will appreciate life even more as time goes on. Enjoy it. You earned it.
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craigball said:
Thank you for this. I do appreciate that I have been extraordinarily fortunate to have been in the time and place I was. That new set of goals. THAT is the unknown. Not many mulligans left, or at least it feels that way.
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TJ Johnson said:
You were never “That Guy”, so don’t start being him now. you have important things to say. So what if our society doesn’t automatically venerate us and label us as wise because of our experience. To basterdize a saying, “Whether you believe you are irrelevant, or you don’t, you are right.” I changed career paths last fall, keeping very close to my roots, using everything I had learned to forge a new path and open doors for new people. What an incredible adventure. I would have missed all that if i had chosen to stay as “That TJ”.
You are an amazing life force, with so much valuable knowledge that can help people as things change, and you as “This Guy” will do amazing things. I will follow your journey with interest.
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theresaj99 said:
Craig, you were never “That Guy”, so don’t start being him now. You have always had valuable opinions and ideas. So what if our society doesn’t automatically venerate us or say we are “Wise” because of our experience. We can change that!!
I began a new career last fall, not far from my roots, but a change nonetheless. My time in the industry in different roles provided a great foundation for a new adventure. And what an adventure. My plan had been to be “That TJ” until I retired (not for some time yet), but I reevaluated and made a choice and a leap. And yes, my friends are retiring and some of my old contacts have moved on, and I have had to learn to use Slack and Teams and expect to keep having to learn new things. So now I’m “This TJ” and you are “This Craig”. You have so much to offer the people living in the uncertainty of continuous change. Be amazing, and I’ll continue to watch and enjoy as you journey through this next phase.
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Christine M said:
Dear Craig,
It is so interesting to me that this is what you write today. I have been an avid follower of your blogs for many years. It was the first one I found that was technical, but explained things in a way I could understand. They also made me laugh and look up at least one word. Technical blog entertaining AND interesting. Don’t ever underestimate that skill alone right there. I have been a self proclaimed Craig Ball groupie, extolling my admiration of you to many in the field, and when meeting someone who actually knew you, expressing my desire to do so one day. I am not lying when I tell you JUST THIS MORNING I introduced your blog to a colleague I have worked with for the last 4 years (I am corporate, he is vendor.) I told him if you aren’t following Craig, you are really missing out. I discussed your course at Georgetown, which is my goal to attend, and he asked me for the information.
This may all sound like an unbelievable suck up, but it is all true. I think what you may be feeling is what a lot of us still focused exclusively on eDiscovery feel, that others think it has had its time; it’s no longer the new kid on the block everyone is trying to figure out. Now there is GDPR, cyber, privacy, all of these new flashy challenges that so many are turning to, and maybe rightly so, but that doesn’t mean those of us still in the eDiscovery trenches day to day are obsolete. It is astounding the lack of knowledge on this very important part of the law when you get outside of eDiscovery think tanks. Your knowledge, and as importantly the way you are able to teach it, has significant value and is still relevant. Whether you know the intricate underpinnings of every new software offering isn’t the goal or necessary, in my humble opinion.
I hope that you continue to grace us with your time, thoughtful words, teachings and humor for a long time. If you ever find eDiscovery is no longer how you wish to spend your valuable time, I implore you to continue writing. You have a gift. You have written tributes to colleagues we have lost that have moved me to tears and made me feel like I knew them, just a little bit, when I had never met them. In studying for the ACEDS exam, I printed out (yes, I said “printed out”) all of your prior blogs and used them as my study guide. Why, because I could understand what you were saying and my eyes weren’t glazed over.
Have no doubt, that you are “still that guy.” There is a vast audience out here reading, listening and learning. You may feel like it is tired and stale because you know it inside and out. We don’t.
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craigball said:
Such a kind note. Thank you. I am embarrassed if what I wrote came across like I was feeling sorry for myself. I’ve had so many rewards over the years that I regard the transition as more-or-less overdue–the natural order of things–though not occurring as gradually as I’d expected.
That’s life, though, right? Sneaks up on you and kicks you in the nethers, or as Browning Marean used to say, “Man plans and God laughs.” I thought a new generations of lawyers and judges would be making mine look like Neanderthals by now. But it was not to be. As you note, the flashy new topics have sucked the air out of the room for e-discovery. Seeing the neverable Georgetown Institute be eroded by Privacy is sad. Couldn’t Privacy get a place of its own and not kick e-discovery to the curb?
Again, I very much appreciate your time and sentiments. I am not worthy, but I’m still eating it up. Thanks. I look forward to meeting and hope you make it to the GT Academy someday.
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kay said:
Thank you Craig for all you have taught so many of us.
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divorcefincalc said:
You have been, STILL ARE….. and always will be the guy so many of us depend on and look up to!! If not for your knowledge, ability to teach and kindness to share, the landscape would not be nearly as mature as it is today. Capiche!!
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Jonathan Maas said:
Ball, Maas here. Stop talking bollocks! You have been, are and will continue to be one of the brightest stars in the global eD firmament. Now, get on with your job and keep enlightening us!
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Dora T. said:
Craig, I for one appreciate that you are still “that guy” and I hope you continue to grace us with your teachings, thoughts and, above all, commentary on this ever-changing, but not really, industry. When I first started reading your posts I thought of you as the curmudgeon of eDiscovery but quickly realized the depth of your passion for a discipline not easily understood or respected. Thank you for all you’ve done for this industry and do hope you continue to teach us for years to come. Cheer up!! 🙂
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Doug Austin said:
Craig, you’re blessed with a unique ability to take highly technical concepts and explain them in a way that an average person (yes, even a lawyer) can understand them. The fact that you’ve chosen to take some well-deserved time to “play more” at this point in your life doesn’t change that. You’re the last person that I would have ever expected to hear the term “crisis of confidence” from – because you make it look so easy. Of course, we all have that feeling from time to time – I know I do. The fact that you’re willing to share that you have that feeling too certainly provides comfort to me (and I’m sure others as well). In the business world today, any admission of doubt is perceived as a weakness, even when it’s perfectly normal. Thanks for reminding us all that it’s perfectly normal to feel that way sometimes. Oh, and by the way, you are still that guy, at least as far as many of us are concerned. And, your unique insights certainly make my job easier in that I get to share them with our readers as well! So, you’re not allowed to retire, officially or unofficially… 😉
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Dan Michaluk said:
First, thanks for all your service to the legal public. You are a legend.
Coincidentally, I’ve been thinking about this issue lately. Have a read of this recent Article from the Atlantic in case it helps with thinking it through:
https://www.theatlantic.com/magazine/archive/2019/07/work-peak-professional-decline/590650/
And if that doesn’t help, get your metal head on and have a listen to Tool’s new release “Invincible.” It’s become my anthem!
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Mark Michels said:
great chat today, glad that we had a chance to catch up
On Mon, Sep 9, 2019 at 12:53 PM Ball in your Court wrote:
> craigball posted: “This is a personal post. I’m baring my soul in hopes > that colleagues grappling with doubt and transition will know they are not > alone. I’m at a point in my career—in my life, really—where I’m obliged to > ask, “Who am I if I’m not that guy anymore?” At t” >
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admin1pfforensicscom said:
Craig,
You said that your new set of goals represents the “Unknown”. The unknown can be frightful. I have a suggestion. Devote some time to working only potential exoneration cases. That could mean the traditional post conviction exoneration efforts for those wrongfully found guilty. Those are tough cases. They are long, difficult, and usually not monetarily rewarding. However, they can do wonders for your soul. It always, always takes a great team to pull those off. Great teams are made of great team members that work well together, You can do that.
There is also another form of exoneration. I made up a term for this work. We call it ‘Exoneration Prevention’. That is when you get involved in a case early on. Sometime even pre-indictment. God has blessed me a few of those and they are far easier to pull off than post-indictment.
These happen when you manage to get on-board early with the family and/or the defense attorney. Then you work up the digital stuff and sometimes locate the very large, high caliber, smoking exculpatory gun. Once you are armed with that you approach the DA and get the charges dropped. These happen mostly when a newly pregnant teenager proclaims to the parents that ‘No, I didn’t have sex voluntarily. I was raped!” Then you discover all of sexting that the poor ‘victim’ wars doing with the accused aka ‘the monster’. It happens more often than you know.
There can be great meaning in work other that money. Or, there can be both. Either way, it is very rewarding work and I bet you can guess who needs that kind of help the most. The young and the poor.
Give it a thought.
Thanks,
Mike at Prime Focus Forensics
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Rick Stieghorst said:
Thank you Craig! You have taken the words out of my mouth. Except I’m 54, and I don’t have a nest egg, and I still do have people dependent on me.
I remember our very first conversation at the regional Milwaukee convention that Ross put on. We were on a panel together and we were talking about the switches needed to be in place when you used Ghost on an image. It was all so dang exciting back then.
I remember being wow’d with your government PDF that had not been wiped of it’s back end OCR, and the 3D image you created of that.
You are correct. Today, it’s all about A. Security and B. Can I have it tomorrow, and no I’m not paying extra for that (if they do it at all).
I don’t even know this industry anymore. I talked the other day to a younger attorney in charge of ediscovery at a large firm. She is still scolding paralegals for having clients forward their emails to them, and they flat PDF and Bates stamp em and produce them (still with the email chain with the paralegals email on it).
I gave up on it all man. The last straw was a young programmer at a clients. He has an Encase image of the computer, and knew exactly what he wanted off if it. One file. He figured it should cost no more than 50 bucks for me to process the image fully (you know, just in case), and then find his one file. He would not budge on that price.
Yeah, it was fun back then. I wish I knew how in the world we got here. Not sure what my next act is either. Hope I can figure it out soon.
Thanks Craig. You have been a valuable gem in this for years! Always a smile, a tip, a story, and time for the rest of us in the trenches. You gave attention, and actually listened. That meant a lot!! Thanks for that!!
Rick Stieghorst
Midwest Legal & eData
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Brett Shavers said:
There are those of us who strive to make a positive difference (that’s me) and those who have made all the difference in the world (that’s Craig).
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Mike Quartararo said:
You’re still THE man, Craig. I’m a fan. You’ve plateaued, not peaked. On to the next.
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sarahledgerwood said:
You should write a book. It could be a combo of crazy tales from Nola/stories from an ediscovery pioneer. It’s sure to be a NYT bestseller. 🙂
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Karen Hourigan said:
I wish I had read this BEFORE PREX last week. We could have had a lot to talk about. I came back to your site to read your article on preserving content from Android devices. Seeing as you mentioned its recent posting at PREX, I figured I should give it a look. Thanks very much for that. It is very informative. I found it to be very helpful. I also referred you to a lawyer friend of mine in SF a few weeks ago. He was looking for the best of the best, so I thought of you. I don’t know who you will be if you’re not “that guy” anymore (whatever that means…). I just hope you are enjoying whatever you do and wherever you go. There are still loads of us in eDiscovery who can always learn more. I am pivoting a bit over to my new passion: advancing well being in the legal profession through innovation. But I am not leaving eDiscovery behind me. If I can get folks to feel more comfortable making tough judgment and/or strategic calls in the gray world of eDiscovery, I think that counts as being innovative and also should allow these folks to lose a little less sleep at night (which should count for something in advancing their well being). Maybe I am being selfish here, but I count on your blog to help me help them….so I hope you keep writing 🙂
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JBR said:
Ditto. Sensitive. Enlightening. Human! You are not alone. J
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