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Lawyers Share E-Discovery Woes

February 13, 2008

Lawyers Share E-Discovery Woes

Byte and Switch, February 7, 2008

This article states that many lawyers are still uneasy when it comes to e-discovery. Whether it’s simply misunderstanding the definition or not knowing the complete rules of the game, many attorneys are challenged with how to go about complying with the Federal Rules of Civil Procedure.

Andrew Drake, senior counsel for discovery management at Nationwide says that many CIOs have a simple problem of not being able to admit that emails are in fact a form of an electronic record. (Of course, as you’ve read in our many previous posts, emails are without a doubt a form of electronic data.) Other professionals, such as Thomas Lidbury, a partner at law firm Mayer Brown say that many companies simply don’t have an e-discovery process in place, thus causing all the headaches and confusion.

“Last year, for example, a survey of 450 IT professionals by e-discovery vendor Autonomy found that almost 70 percent of firms were keeping hold of their backup tapes longer than they should — in case of a legal dispute.”

It seems to us that there are a lot of questions that IT employees are waiting to have answered. What we suggest is that those who are left wondering should speak with e-discovery professionals and discuss the proper ways to prepare for the future. While it’s a shame to waste time and energy storing unneeded documents, it would be even more destructive to assume the opposite. So read up and get to know the e-discovery process. We promise – you’ll end up thanking us one day.

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