Our goal continues to be to provide you with relevant and helpful material in The Discovery Update that you can use in your practice or that you can share with other legal professionals or your clients.
The “What You Might Have Missed” section includes informative articles from past issues of The Discovery Update that you may have missed previously or that you would find helpful again.
As always, we invite you to send us any articles or tips you may have regarding the discovery process so we can share them with our readers.
Ten Things That Trouble Judges About E-Discovery
By Craig Ball
As counselor, consultant or court-appointed special master, my law practice revolves around electronically stored information (ESI)–seeking to salvage the wrecks others have made of e-discovery and helping parties to navigate unfamiliar shoals.
The goal is to forestall or resolve conflicts with judges incensed by parties’ failure to fulfill e-discovery duties. Judges frequently doubt that electronic discovery is as difficult or expensive as the lawyers before them claim. For the most part, the judges are right. E-discovery is not that hard and need not be so costly.
That is, it’s not that hard or expensive if counsel knows what he or she is doing, and that’s a huge “if.” Judges feel lawyers should know-how to protect, marshal, search and produce the evidence in their cases or enlist co-counsel and experts with that know how. The judges are right about that, too. Lawyers must master modern evidence in the same way that doctors must stay abreast of the latest developments in medicine. Read full article >>
Cooperation and Proportionality: Essential Pieces to the E-Discovery Puzzle
By Kroll Ontrack
Like an unstoppable force meeting an immovable object, the rapid pace of technology and the staunchly conservative nature of the law could hardly be in greater conflict.
As the two forces continue to clash, the fallout can be seen in attorneys – doing what they believe is best – battling relentlessly while costs continue to soar. Caught in the middle of it all are the clients and courts, desperately searching for a resolution to the madness.
In the midst of this chaos, two familiar concepts have emerged in an attempt to restore order – cooperation and proportionality. Read full article >>