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E-discovery still confounds companies and their lawyers

August 12, 2008

E-discovery still confounds companies and their lawyers, August 7, 2008

Despite the fact that the Federal Rules of Civil Procedure (FRCP) were amended in 2006 to help clarify use of e-discovery in legal proceedings, many companies and lawyers are still unclear about the process.

“The world left the legal profession in the dust years ago,” John Benson, an electronic discovery consultant for Kansas City law firm Stinson Morrison Hecker LLP told a Black Hat audience Wednesday. “Attorneys are just coming to the realization that people have computers and have important information on them. I spend a good deal of time dragging attorneys kicking and screaming into the 20th century.”

As confusing and frustrating at the e-discovery process may be, those kicking and screaming acts don’t help the situation. According to this article, the cost of e-discovery is extremely high, as much as $1,000 per gigabyte. This is mostly due to the complex and lengthy review process. Although the IT world has come a along way in developing search software, each piece of information still needs to be looked over with the human eye to ensure accuracy.

In Benson’s opinion, and we couldn’t agree more, technology eventually change the way the legal system works, pending proper relationships are established amongst legal and IT teams. Once that happens, litigation costs will reduce and corporations will be able to relax a little more comfortably.

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