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The Big Divide Between E-Discovery in the U.K. and The U.S.”

May 7, 2008

The Big Divide Between E-Discovery in the U.K. and The U.S.

Ride the Lightning, May 2, 2008

On a recent trip to the U.K., this blogger took the time to compare the country’s process of e-discovery to that in the U.S. After conversing with a variety of professionals, the blogger concluded that U.K. e-discovery is principles based, while the U.S. is rules based.

In the U.K., attorneys who are caught in a lie after claiming to have disclosed all relevant information, are punished by disbarment. The effect is that U.K. attorneys stay true to ethical standards and make sure their clients do as well. On the contrary, in the U.S. it takes quite a few mistakes for someone to get disbarred, which allows (and even sometimes encourages) them to take risky chances with falsifying or “losing” crucial evidence.

This writer plans to summarize her notes from her interviews, so check back soon to read an updated post. In the meantime, what are your thoughts on this topic? Do you think the U.S. should adopt some of the standards that the U.K. currently supports? Are U.K. legal professionals really more ethical that U.S. ones?

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