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March 02, 2006

Poor Electronic Discovery Practices Determining Case Outcomes?

Toby Brown's post "Poor e-Discovery Deciding Case Outcomes?" raises some important questions about the approach many lawyers and law firms are taking to electronic discovery.

Toby makes three important points, each of which will give you plenty to think about:

1) Poor/Sloppy/Lazy e-discovery practices by lawyers are determining case outcomes.

2) Most lawyers are focused on defending e-discovery requests right now.

3) The amount of available electronic information in discovery is so voluminous; humans can't possibly review it all.

Toby's second point is especially interesting. He suggests that lawyers are so focused on defending requests that they are passive in their own e-discovery requests, in large part because they are afraid that they cannot defend an aggressive request that comes right back at them. Think about it.

Toby's post reminds me to mention that it's the time of year to finalize your plans to attend ABA TECHSHOW 2006.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Learn more about electronic discovery at Dennis Kennedy's Electronic Discovery Resources page.

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Posted by dmk at March 2, 2006 06:57 PM

Comments

You mentioned the ABA TECHSHOW above - I was wondering if anyone was going to blog or podcast any of it, especially the seminar on blogging and new media for attorneys. I attended the Legal TechShow in New York in January which had a similar seminar, and found it a wonderful resource. I'd love to see it made available to a wider audience.

Thanks.

(PS: The link above for the TECHSHOW has a typo and isn't connecting.)

Posted by: Rachelle at March 5, 2006 10:38 PM

I believe that I've gotten the typo corrected.

I do not know yet whether there will be podcasting of TECHSHOW sessions. I'll check with members of the TECHSHOW Board on that. I know that they are looking into some options.

I do know that Tom Mighell and I are planning on recording our podcasting roundtable session for later podcast.

Posted by: Dennis at March 6, 2006 02:15 PM

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