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 (]
Learn more about electronic discovery at Dennis Kennedy’s Electronic Discovery Resources page.
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