The Discovery Update June 2017

Sheila Atkinson-Baker
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From the President

I hope you continue to find the articles, tips, and tools in The Discovery Update helpful. This month, we’ve included articles on several aspects of e-discovery, as well as newer technology, for your consideration.

You are the reason for our continued success, and we thank you for the opportunity to serve you. We strive to ensure that our services are of the highest quality, so feel free to send us your feedback. I always appreciate hearing from you.

Best regards,
Sheila Atkinson-Baker

Stop Equating eDiscovery With Data. It’s Not That Simple

By Kelly Twigger

I do understand that costs of discovery are more upfront now, but I would argue that the “enormous costs” of discovery are because lawyers still aren’t doing it right. What you aren’t seeing is that the process you need to use has changed, and the costs you see are just upfront versus further down the line in a case.

Let’s go back ten years and talk about process. Before ESI, did we call discovery “paper discovery”? No, we didn’t. But we asked for it, and we got it. We didn’t have to discuss scope and complex issues the way e-discovery forces us to do.

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E-Discovery: A Primer for Litigators

By Jeff Bennion

I’ve been to a number of e-discovery CLEs where they say something like: “The iterative process of phased custodian production encourages efficiency and cooperation between counsel.” Half the room is frantically writing that down so they can go home and Google it, and the other half already knows that and they’re just there to network. So if you are in the half that would have written that down, if you would like to improve your knowledge of e-discovery, if you are afraid of ethics opinions regarding e-discovery and have been trying to avoid it, this article is for you.

Why Do We Need This?

I’m not going to tell you that e-discovery is a huge tidal wave about to crash on your heads, but you probably have noticed an increase in data that is stored electronically as opposed to in filing cabinets. Accordingly, we have seen an increase in discovery requests for this electronically stored information. E-discovery rules are simply the rules that supplement the regular discovery rules and pertain to how to handle electronic data. We need supplemental rules because e-discovery typically involves large data sets (a million pages is not uncommon).

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