Amendments to the Federal Rules of Civil Procedure became effective in December 2006 with expectations that they would constitute a sea change in electronic discovery practices in the US. Has that actually happened?
In The New Federal Rules on Electronic Discovery: The First 180 Days, John Tredennick, Craig Ball, Joe Kashi, Sharon Nelson, Browning Marean and I have a roundtable discussion about the real-world impact of these rule changes. It is informative and it will make you think. We deal with the changes we’ve seen (and haven’t seen), native file production, state court developments, and then check our crystal balls for predictions.
There are many choices for the money quote in this excellent article, but let me give my money quote award to John Tredennick, who says:

As the volumes of native files continue to mount, there is little chance of going back to paper discovery. There aren’t enough trees in the forest for one thing, let alone enough printers to spit out the paper. And, our clients would go broke trying to manage the process. No, electronic discovery is here to stay and paper discovery is on the way out. That means new techniques will have to be developed to handle the mountain of electronic content and lawyers will have to get comfortable with the fact that they will not be able to review every document.

The article is part of an excellent new issue of the ABA Law Practice Management Section’s new webzine Law Technology Today, of which I am a member of editorial board. I invite you to check out the entire article because you will be rewarded with some useful, practical articles and great information.
[Originally posted on DennisKennedy.Blog (]
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