The way discovery is conducted has changed rapidly and dramatically. Where the term used to mean sifting through boxes and filing cabinets, now it usually means using high-tech search tools to parse through emails and other online files and documents. These ongoing changes have been positive on many levels, but also have left some attorneys and their clients scratching their heads and wondering how to make it all work.

To get answers about how well attorneys are using e-discovery, it is helpful to ask the people who are in charge of overseeing it all—the judges. Recently, Exterro Inc. did just that with its first annual “Federal Judges' Survey on E-Discovery Trends and Best Practices.” The survey, which asked 22 judges a host of questions about e-discovery in their courtrooms, shows that many lawyers seem to be behind the curve when it comes to carrying out these processes effectively.

From the vantage point of the bench, it appears that many attorneys lack the legal and technical subject-matter knowledge they need for e-discovery. Some 32 percent of the judges surveyed disagree with the notion that the lawyers appearing before them know enough to counsel clients successfully in this area. The other 68 percent only somewhat agreed that lawyers have the right amount of e-discovery savvy.