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‘Tis the Time for a Wish List

December 16, 2008

E-Discovery Update: My E-Discovery Holiday Wish List, December 14, 2008
It’s December, and you know what that means…time to draft your annual wish list. While many of ours might be more complicated this year than in the past, it’s always good to keep your fingers crossed for the e-discovery industry. This author pulled together some of his own wishes for 2009, many of which might be on your holiday list as well. Take a look and feel free to share with us your e-discovery hopes and dreams.

1. Standards For Requesting and Producing Database and Other Structured Data – Just when we have gotten into the groove of discovering electronic information such as e-mails, spreadsheets and memos, we’re now scrambling for guidelines to help us with databases. “From discovery requests that demand the production of multi-terabyte databases that contain almost no relevant information to preservation orders that simply don’t match the technology to which they are being applied, it’s obvious that we’re not yet where we need to be.”

2. Greater Proportionality in ESI Requests
– Sadly, many legal cases are settled purely because of monetary reasons. E-discovery is an expensive process, thus cases are quickly wrapped up when budgets are stretched to their capacities. To avoid this, this wish suggests that proportionality become a greater factor in legal proceedings, thus limiting post- e-discovery monetary disasters.

3. Greater Communication Between Litigants Re: E-Discovery – Poor communication is often at the core of many problems. That’s why this wish asks litigants to better communicate about e-discovery issues. Although the rules require these individuals to confer about the evidence, more often than not do professionals take these meetings lightly. Proper communication will lead to more successful and meaningful proceedings.

(Photo credit: Wired)

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