In the Digital Age, time is compressed and adaptation is a requirement. Twenty years in time feels like 100 years in change. In the world of e-discovery things are no different. Being undereducated and underprepared is no longer an option (was it ever?), but according to Exterro’s 2nd Annual Federal Judges Survey, there is still a gap between what judges expect and what lawyers think is appropriate regarding the e-discovery process.

Similar to last year, when we first sought the opinion of federal judges on various topics related to e-discovery, we again asked judges to participate in the survey. But to gain a broader view, this year we also invited attorneys who specialize in e-discovery to weigh in on the same questions (Respondents: 14 federal Judges, 22 attorneys). Three subjects dominated the survey: the impact of the recent amendments to the Federal Rules of Civil Procedure (FRCP); the competence of e-discovery attorneys; and the importance of emerging technology in this field. The survey results show that until the legal community invests more into e-discovery practices, attempts to solve efficiency and cost problems won’t fix a whole lot.

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